Agenda packet — Thousand Oaks City Council, April 4, 2023 (part 1 of 4)

REVISED AGENDA POSTED 4/1/2023 – FOR TELECONFERENCE LOCATION City Council

REGULAR MEETING
Tuesday, April 4, 2023
Andrew P. Fox City Council Chambers
AND
Teleconference Location:
2665 Dorado Court
Thousand Oaks, CA 91362
Left-hand Covered Entrance
Gate Code – 140

Closed Session: 5:00 PM
Regular Session: 6:00 PM

Public advisory: Face masks are recommended.

You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistan ce to participate in the City Council meeting, please contact the City Clerk Department (805) 449-2151 within 48 hours of the meeting.

Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember

Executive Team

Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Director/City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Comms./Public Affairs Dir.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose City Council
REGULAR MEETING
Tuesday, April 04, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).

PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open half an hour before meeting start time. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.

CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.

There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.

JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.

1. CALL TO ORDER: Closed Session 5:00 p.m.

2. ROLL CALL:

3. PUBLIC COMMENTS: Comments on Closed Session items only

4. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) 1 case.

See attached correspondence.

5. CLOSED SESSION REPORT:

6. PLEDGE OF ALLEGIANCE:

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation for Arbor Earth Day
B. Business Recognition Program

9. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify March 15, 2023, March 22, 2023, and March 29, 2023; approve April 5, 2023, April 12, 2023, and April 19, 2023, subject to review and ratification B. Minutes of City Council meeting of March 14, 2023
RECOMMENDATION:

Approve
C. Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #11073306733300 (Equipment under $5000) to A/C #1107330673 8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

D. Unit W Wastewater Interceptor Capital Improvement Project (CI 5445) RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to readvertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

E. Information Technology Equipment Replacement
RECOMMENDATION:

1. Authorize expenditure for CompuWave and C D W Government, Inc. in an amount nottoexceed $250,000 in FY 202223 for computer desktops, laptops, tablets, wireless access points, switches, and firewall replacements from A/C #0013410 6123300 (Equipment Less than $5,000).

2. Approve budget appropriation transfer in the amount of $50,000 from A/C #001 34106128400 (Equipment $5,000 or More) to A/C #00134106123300 (Equipment Less than $5,000) for FY 202223 computer equipment purchases.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

F. ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 1

8.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES (Introduced 3/14/23; 50) ORD. NO. 1711NS
RECOMMENDATION:

Adopt

11. PUBLIC HEARINGS:

A. Municipal Code Amendment to Repeal Residential Resale Requirements (MCA 202370002)
ORDINANCE REPEALING CHAPTER 12 OF TITLE 8 OF THE THOUSAND OAKS MUNICIPAL CODE RELATING TO REPORTS OF RESIDENTIAL RECORDS (MCA 202370002)
1ST READING
RECOMMENDATION:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve MCA202370002 amending the Thousand Oaks Municipal Code (TOMC) by repealing Chapter 12 of Title 8, and hold the Chapter placement for future use.

B. Proposed 27unit Apartment Complex Expansion
RESOLUTION APPROVING A GENERAL PLAN AMENDMENT; SPECIFIC PLAN AMENDMENT; RESIDENTIAL PLANNED DEVELOPMENT PERMIT;
DEVELOPMENT AGREEMENT; PROTECTED TREE PERMIT; AND ADOPTION OF NEGATIVE DECLARATION FOR THE USE OF CERTAIN PROPERTY WITHIN SAID CITY AT RANCHO CONEJO BOULEVARD AND CORPORATE CENTER DRIVE (APN # 6670173025) ADJACENT AND TO THE NORTH OF 1300 RANCHO CONEJO BOULEVARD (APPLICATIONS: 202070026LU; 202070027SPA; 202170019RPD; 202270511DAGR; 202270626PTP; and 202170893ND (SHAPELL PROPERTIES, INC.)
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH SHAPELL PROPERTIES, INC., RELATING TO THE DEVELOPMENT OF PROPERTY LOCATED AT RANCHO CONEJO BOULEVARD AND CORPORATE CENTER DRIVE (APN 6670173025) ADJACENT TO AND NORTH OF 1300 RANCHO CONEJO BOULEVARD, THOUSAND OAKS, CALIFORNIA (DEVELOPMENT AGREEMENT 202270511DAGR)
1ST READING
RECOMMENDATION:

1. Adopt resolution to:
a. adopt the Negative Declaration 202170893ND in accordance with the California Environmental Quality Act; and,
b. amend the General Plan designation of Industrial to HighDensity Residential 2020 70026LU; and
c. amend Specific Plan landuse map of Specific Plan 07 to assign a residential land use category to the site (currently Industrial) 202070027SPA; and d. approve the Residential Planned Development Permit (202170019RPD) to construct three (3) twostory buildings consisting of a total of 27 apartment units as an extension of the existing Arroyo Villa apartment complex adjacent to the north; and e. allow minor encroachment within the protected zone of one (1) coast live oak (Quercus agrifolia) and two (2) California sycamore (Platanus racemosa) trees, located offsite but within potential areas of disturbance Protected Tree Permit 2022 70626PTP.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 202270511DAGR.

12. STUDY SESSIONS:

A. Proposed FY 202324 and FY 202425 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 202324 and FY 202425 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 202324 and FY 202425 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

13. DEPARTMENT REPORTS:

A. Consideration of Transition to DistrictBased Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

1. Consider the information presented in the staff report and any public testimony and provide direction to the City Attorney on whether to begin the process to transition to districtbased elections, the number of districts to consider, and whether to bring back a resolution of intention to transition to City Council Districts pursuant to California Elections Code Section 10010(e)(2) for action at the next City Council meeting.

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

B. Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

2. Approve budget transfer and authorize expenditure in the amount of $30,000 from A/C #00123106121010 (General Fund City Clerk Permanent Employee/Regular Pay) to A/C #00121106111210 (General Fund City Clerk Temporary/Hourly Employee/Regular Pay).

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

14. COMMITTEE/COMMISSION/BOARD REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS: None

17. CITY MANAGER:

A. Announcements and upcoming issues

18. PUBLIC NOTICES: None

19. ADJOURNMENT: Adjourn to Regular Meeting April 25, 2023 Agenda Post Date/Time: Mar 30, 2023, 5:00P.M.

CCD:61040\h:\common\agenda\2023\040423.docx
City Council
REGULAR MEETING
Tuesday, April 04, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

1. CALL TO ORDER: Closed Session 5:00 p.m.

2. ROLL CALL:

3. PUBLIC COMMENTS: Comments on Closed Session items only

4. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) 1 case.

See attached correspondence.

5. CLOSED SESSION REPORT:

6. PLEDGE OF ALLEGIANCE:

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation for Arbor Earth Day
B. Business Recognition Program

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Approve
C. Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #11073306733300 (Equipment under $5000) to A/C #1107330673 8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

D. Unit W Wastewater Interceptor Capital Improvement Project (CI 5445) RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to readvertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

E. Information Technology Equipment Replacement
RECOMMENDATION:

3. Find that this action is not a project as defined under the California Environmental Quality Act.

F. ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 1

8.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES (Introduced 3/14/23; 50) ORD. NO. 1711NS
RECOMMENDATION:

Adopt

11. PUBLIC HEARINGS:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 202270511DAGR.

12. STUDY SESSIONS:

A. Proposed FY 202324 and FY 202425 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 202324 and FY 202425 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 202324 and FY 202425 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

13. DEPARTMENT REPORTS:

A. Consideration of Transition to DistrictBased Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

B. Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

14. COMMITTEE/COMMISSION/BOARD REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS: None

17. CITY MANAGER:

A. Announcements and upcoming issues

18. PUBLIC NOTICES: None

19. ADJOURNMENT: Adjourn to Regular Meeting April 25, 2023 Agenda Post Date/Time: Mar 30, 2023, 5:00P.M.

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

1. CALL TO ORDER: Closed Session 5:00 p.m.

2. ROLL CALL:

3. PUBLIC COMMENTS: Comments on Closed Session items only

4. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) 1 case.

See attached correspondence.

5. CLOSED SESSION REPORT:

6. PLEDGE OF ALLEGIANCE:

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation for Arbor Earth Day
B. Business Recognition Program

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Approve
C. Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #11073306733300 (Equipment under $5000) to A/C #1107330673 8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

D. Unit W Wastewater Interceptor Capital Improvement Project (CI 5445) RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to readvertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

E. Information Technology Equipment Replacement
RECOMMENDATION:

3. Find that this action is not a project as defined under the California Environmental Quality Act.

F. ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 1

8.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES (Introduced 3/14/23; 50) ORD. NO. 1711NS
RECOMMENDATION:

Adopt

11. PUBLIC HEARINGS:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 202270511DAGR.

12. STUDY SESSIONS:

A. Proposed FY 202324 and FY 202425 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 202324 and FY 202425 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 202324 and FY 202425 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

13. DEPARTMENT REPORTS:

A. Consideration of Transition to DistrictBased Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

B. Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

14. COMMITTEE/COMMISSION/BOARD REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS: None

17. CITY MANAGER:

A. Announcements and upcoming issues

18. PUBLIC NOTICES: None

19. ADJOURNMENT: Adjourn to Regular Meeting April 25, 2023 Agenda Post Date/Time: Mar 30, 2023, 5:00P.M.

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

1. CALL TO ORDER: Closed Session 5:00 p.m.

2. ROLL CALL:

3. PUBLIC COMMENTS: Comments on Closed Session items only

4. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) 1 case.

See attached correspondence.

5. CLOSED SESSION REPORT:

6. PLEDGE OF ALLEGIANCE:

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation for Arbor Earth Day
B. Business Recognition Program

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Approve
C. Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #11073306733300 (Equipment under $5000) to A/C #1107330673 8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

D. Unit W Wastewater Interceptor Capital Improvement Project (CI 5445) RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to readvertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

E. Information Technology Equipment Replacement
RECOMMENDATION:

3. Find that this action is not a project as defined under the California Environmental Quality Act.

F. ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 1

8.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES (Introduced 3/14/23; 50) ORD. NO. 1711NS
RECOMMENDATION:

Adopt

11. PUBLIC HEARINGS:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 202270511DAGR.

12. STUDY SESSIONS:

A. Proposed FY 202324 and FY 202425 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 202324 and FY 202425 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 202324 and FY 202425 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

13. DEPARTMENT REPORTS:

A. Consideration of Transition to DistrictBased Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

B. Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

14. COMMITTEE/COMMISSION/BOARD REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS: None

17. CITY MANAGER:

A. Announcements and upcoming issues

18. PUBLIC NOTICES: None

19. ADJOURNMENT: Adjourn to Regular Meeting April 25, 2023 Agenda Post Date/Time: Mar 30, 2023, 5:00P.M.

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

1. CALL TO ORDER: Closed Session 5:00 p.m.

2. ROLL CALL:

3. PUBLIC COMMENTS: Comments on Closed Session items only

4. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) 1 case.

See attached correspondence.

5. CLOSED SESSION REPORT:

6. PLEDGE OF ALLEGIANCE:

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation for Arbor Earth Day
B. Business Recognition Program

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Approve
C. Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #11073306733300 (Equipment under $5000) to A/C #1107330673 8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

D. Unit W Wastewater Interceptor Capital Improvement Project (CI 5445) RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to readvertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

E. Information Technology Equipment Replacement
RECOMMENDATION:

3. Find that this action is not a project as defined under the California Environmental Quality Act.

F. ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 1

8.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES (Introduced 3/14/23; 50) ORD. NO. 1711NS
RECOMMENDATION:

Adopt

11. PUBLIC HEARINGS:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 202270511DAGR.

12. STUDY SESSIONS:

A. Proposed FY 202324 and FY 202425 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 202324 and FY 202425 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 202324 and FY 202425 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

13. DEPARTMENT REPORTS:

A. Consideration of Transition to DistrictBased Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

B. Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

14. COMMITTEE/COMMISSION/BOARD REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS: None

17. CITY MANAGER:

A. Announcements and upcoming issues

18. PUBLIC NOTICES: None

19. ADJOURNMENT: Adjourn to Regular Meeting April 25, 2023 Agenda Post Date/Time: Mar 30, 2023, 5:00P.M.

CCD:61040\h:\common\agenda\2023\040423.docx

RADCLIFF MAYESLLP
□USINESS AND GOVERNMENT LAWYERS
March 11, 2023
Andy Powers
City Manager
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
By certified mail
Re: California Voting Rights Act
Dear Mr. Powers:

I am writing you today on behalf of a large segment of the population and on behalf of Chaise Rasheed and other members of a protected class and a registered voter in the City of Thousand Oaks. This letter identifies that the City of Thousand Oaks' method of conducting elections violates the California Voting Rights Act.

Pursuant to state law, the City has 45 days from receipt of this letter to adopt a resolution outlining its intention to transition from at-large to district elections, detailing specific steps it will take to facilitate this transition, and estimating the timeframe for this transition. If they were not to adopt a resolution to this effect, then a legal action would be commenced in Superior Court to require the City to institute district elections pursuant to the California Voting Rights Act.

District elections have swept California. As far as this office is aware, no government agency in California has successfully defended a complaint alleging violation of the California Voting Rights Act. For this reason, we recommend collaborative action which would limit costs to the City and enable more participation by the City in the transition to district elections than would be the case through a court action.

Reimbursement costs are capped at around $35,000, provided City adopts a resolution of intent to implement district elections. The terms of existing council members would not be affected by the move to district elections. District elections elsewhere have been tied to greater representativeness on, and more candidates seeking election to, boards and councils, and to greater participation and interest by the community in local government agencies and elections. There are many benefits that public agencies receive from district elections, including higher voter turn-out and more community participation. Most government agencies in Ventura County, as around the state, have successfully enacted district elections.

RADCLIFF MAYES LLP
P.O. Box 20040
Santa Barbara, California 93120
(805) 421-0946
www.radcliffmayes.com
Received by City Clerk
on March 15, 2023

CLOSED SESSION ATTACHMENT
Item No.4A

Washington, D.C. I London I Athens I Brussels
March 11, 2023

Page 2 ends

Thank you for your consideration and attention to this matt er. We look forward to working with you to establish district elections. We believe City elections will be even better with district elections--more representative of the people and in compliance with state law.

Very truly yours,
Jason Dominguez
CAO:650-90\tmn\Legal Files\Voters Rights Act\District Elections\Closed Session\Att 1 Letter Item No.4A

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California March 14, 2023

1. CALL TO ORDER: Regular Session - 5:00 p.m.

Mayor Kevin McNamee called the meeting to order at 5:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.

2. ROLL CALL:

Present: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee present in chambers.

Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Laura B. Maguire, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resour ces Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communi cations/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Deputy Public Works Director Nader Heydari, Budget Officer Brent Sakaida, Seni or Financial Analyst Ryan Roman, Senior Planner Krystin Rice, Chief Assistant City Attorney Patrick Hehir, Planning Division Manager Stephen Kearns, Assistant to the City Manager Melissa Hurtado, Acting Deputy City Clerk Sandra Delgado, Information Te chnology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.

3. PUBLIC COMMENTS: Comments on Closed Session items only

Speaker/Written Statement: None.

4. CLOSED SESSION:

A. CONFERENCE WITH LABOR NEGOTIATORS – City designated
representatives: Assistant City Manager Ingrid Hard y; Finance Director Jaime Boscarino; Human Resources Director Ti m Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Directo r, Public Works Director, City Clerk, Human Resources Director, Cultural Affair s Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.

City Attorney Noonan announced Closed Session held at 5:00 p.m.

5. CLOSED SESSION REPORT: City Attorney Noonan announced there was nothing to report at 6:00 p.m.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 March 14, 2023

6. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

Mayor McNamee announced Item No. 13 – Departm ent Reports A, B, and C – will be moved up and heard following Item No. 11 – Public Hearing.

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Proclamation – Donate Life Month

Mayor McNamee presented proclamation announcing March as DMV/Donate Life California month to Denise and David Belko.

B. Proclamation – Red Cross Month

Mayor McNamee presented proclamati on announcing March as National Red Cross Month to American Red Cross Pacific Coast Region boardmember Sabrina Ashjian.

C. Special Crossing Guard Presentation

Mayor McNamee presented proclamation recognizing March 27 – 31 as the inaugural City of Thousand Oaks Crossing Guard Appreciation Week to Transit Program Manager Houser and the City’s senior crossing guards.

9. PUBLIC COMMENTS: To be heard before 6:45 p. m. If additional speakers for public comments remain at 6:45 p.m. , remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)

Speakers: Betty Stapleford, Thousand Oaks; Ole Per Nagorsen, Newbury Park; Trent Siggard, Newbury Park; Steve Bilson, Newbury Park.

Written Statements: None.

City Manager Powers addressed public comments.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 March 14, 2023

10. CONSENT CALENDAR:

Additional information supplemental packet pertaining to Item Nos. 10J and 10K.

City Manager Powers responded to questions r egarding Item No. 10I and Deputy Public Works Director Heydari responded to questions regarding Item Nos. 10J and 10K.

Speakers: Kat Selm, Thousand Oaks; Betsy Connolly, Thousand Oaks.

Written Statements: None.

A. General, Utilities, Golf Course, and Theatres Demands

RECOMMENDATION:

Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

B. Minutes of City Council meeting of February 28, 2023

RECOMMENDATION:

Approve

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 March 14, 2023

10. CONSENT CALENDAR: (Continued)

C. Traffic and Transportation Advisory Commission Meeting Date Change

RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION
ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017-001) RES. NO. 2023-006

RECOMMENDATION:

1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of t he TTAC from the third Wednesday of each month to the fourth Wednesday of each month.

2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.

3. Find that this action is not a pr oject as defined under the California Environmental Qualit
y Act.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

D. Library Circulating Materials

RECOMMENDATION:

1. Authorize expenditure in an amount not-to-exceed $600,000 in FY 2022-23 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/ C #110-7220-673-32-31 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).

2. Find that this action is not a pr oject as defined under the California Environmental Quality Act.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 March 14, 2023

10. CONSENT CALENDAR: (Continued)

E. Cooperative Purchasing Agreement for Office Supplies

RECOMMENDATION:

1. Approve piggyback agreement with OD P Solutions, LLC (Boca Raton, FL), using the Region 4 Educatio n Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office suppl ies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.

2. Authorize expenditure not-to-exceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).

3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

F. Fuel Budget Appropriation and Fueling Station Expenditure Increase

RECOMMENDATION:

1. Authorize budget appropriation and exp enditure in the am ount of $710,000; $670,000 from A/C #001-5 640-484-9900 (General Fund, Vehicle Fuel Reimbursement) to A/C #001-5640-631-3510 (General F und, Vehicle Fuel) and $40,000 from A/C #621-0000-341- 9900 (Wastewater Fund, Net Position) to A/C #621-8250-685-3510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).

2. Authorize additional expenditure in the amount of $500,000 under existing five- year Operations and Maintenance Se rvices Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised not-to-exceed amount of $1,412,000 through June 30, 2026.

3. Authorize additional annual expenditure in th e amount of $124,500 under existing five-year Operations and Maint enance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Co mpressed Natural Gas purchases and equipment maintenance for a revised annu al not-to-exceed amount of $304,500 from A/C #001-5640-631-3510 for FY 2022-23 through FY 2025-26.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 March 14, 2023

10. CONSENT CALENDAR: (Continued)

F. Fuel Budget Appropriation and Fueling Station Expenditure Increase (Continued)

RECOMMENDATION: (Continued)

4. Approve cooperative purc hasing agreement with the Stat e of California fuel contract No. 1-23-91-02C to purchas e and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA ) for a three-year period, beginning March 2, 2023, through March 1, 2 026, with State option to extend two additional years through March 1, 2028.

5. Authorize expenditure in the amount not-to-exceed $1, 200,000 for each fiscal year from A/C #001-5640-631-3510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set fort h in the State of California Contract No. 1-23-91-02C.

6. Find that this action is not a pr oject as defined under the California Environmental Qualit
y Act.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444)

RECOMMENDATION:

1. Approve Sixth Amendment to Profe ssional Services Agreement No. 12377- 2020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatm ent Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a ne w revised not-to-exceed amount of $282,196.

2. Approve budget appropriation and expenditu re in the amount of $42,365 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250- 682-8300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).

3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 March 14, 2023

10. CONSENT CALENDAR: (Continued)

H. 2023 Sidewalk and Concrete Replacement Program (MI 2557)

RECOMMENDATION:

1. Authorize staff to adv ertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.

2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

I. Purchase Used Bus to Support Summer Beach Bus Program

RECOMMENDATION:

1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 3-10.201 for the purchase of a used motorcoach-type bus to support Summer Beach Bus Program and Special Projects.

2. Authorize staff to open a purchase order in an amount not-to-exceed $150,000.

3. Approve budget appropriation and ex penditure in an amount not-to-exceed $150,000 from A/C #651-0000-341- 9900 (Transportation Fund, Net Position) to A/C #651-5540-685-8400 (Bus/Equipment Over $5,000).

4. Find that this action is not a pr oject as defined under the California Environmental Qualit
y Act.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 March 14, 2023

10. CONSENT CALENDAR: (Continued)

J. Thousand Oaks Groundwater Utilization Project (CI 5395)

RECOMMENDATION:

1. Approve Professional Services Ag reement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount not -to-exceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los R obles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.

2. Authorize expenditure in the am ount of $181,259 ($164, 759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C # 613-8060-682-8300 (CI 5395, Thousand Oaks Groundwater Utilization Project).

3. Approve Single Source designation fo r Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).

4. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Mayor Pro Tem Adam to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

K. Revised Water Shortage Declaration

RESOLUTION RESCINDING RESOLUTION NO. 2022-023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 10-2.1106 AND ENACTING A DDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 10-2.1112
RES. NO. 2023-007

RECOMMENDATION:

1. Rescind in its entirety Resolution No. 2022-023 declaring a Level 4 Water Supply Shortage.

2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1106.

3. Issue notice of termination for Agreement No. 13051-2022 with Cobalt Security Services, Inc., effective April 1, 2023.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 March 14, 2023

10. CONSENT CALENDAR: (Continued)

K. Revised Water Shortage Declaration (Continued)

RECOMMENDATION: (Continued)

4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enf orcement patrols up to 50 pe rcent of the cost, but not to exceed $50,000, to A/ C #611-8025-437-99-00 (WTM WGT, Revenue From Districts).

5. Find that this action is not a pr oject as defined under the California Environmental Quality Act.

Motion by Mayor Pro Tem Adam to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

11. PUBLIC HEARINGS:

A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions

RESOLUTION ESTABLISHING REVI SED STANDARDS OF OPERATION

GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING

COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING
RESOLUTION NOS. 2001-129 AND 2011-066
RES. NO. 2023-008

RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011-067

ORDINANCE AMENDING SEC TIONS 1-8.106, 1-8.108, 1-8.110, 1-8.113, 1-

8.114, 1-8.115, 1-8.117, 1-8.124, 1-8.125, 1-8.126 OF MUNICIPAL CODE

REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING

RECOMMENDATION:

1. Adopt resolution revising Standards of Operation gover ning conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001-129 and 2011-066.

2. Adopt resolution revising Guidelines fo r Public Input at Cit y Council meetings and rescinding Resolution No. 2011-067.

3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.

4. Find that this is not a project under the California Environmental Quality Act.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 March 14, 2023

11. PUBLIC HEARINGS: (Continued)

A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions (Continued)

Hearing, advertised as required by law, opened to consider item. Presented by City Clerk Maguire. City Attorney N oonan and City Manager Po wers answered questions. Acting Deputy City Clerk Delgad o available for questions. Additional information supplemental packet.

Speakers: Rossanna Guerra, Thousand Oa ks; Nelson Buss, Thousand Oaks; Kyle Rohrbach, Thousand Oaks.

Written Statements: None.

Mayor McNamee closed the public hearing.

Motion by Mayor Pro Tem Adam to approve the Standards of Operation Resolution as revised in the Supplemental Packet with the following change: keep concurrence of City Council required to move public comment period to later in the meeting; to not make any changes to the Guidelines of Public Input Resolution; and to read in title only, waive further reading, and introduce the City Council Meeting Procedures Ordinance am ending various sections of Title 1 Chapter 8 of the Thousand Oaks Munici pal Code with the following change:
remove the addition of limit ing the number of questions asked at a time by Councilmembers.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

*13. DEPARTMENT REPORTS:

A. 2022 General Plan and Housing Element Annual Progress Report

RECOMMENDATION:

1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.

2. Find that this action is not a project as def ined under the California Environmental Quality Act.

Presented by Senior Planner Rice. City Manager Powers and Community Development Director Parker responded to questions.

Speakers: Betsy Connolly, Unincorporated Thousand Oaks.

Written Statements: None

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 March 14, 2023

*13. DEPARTMENT REPORTS: (Continued)

City Council recess at 8:15 p.m.; reconvened at 8:24 p.m.

B. Sign Regulations Update

RECOMMENDATION:

1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.

2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.

3. Find that this action is not a project as defined by the California Environmental Quality Act.

Presented by Chief Assistant City Attorney Hehir and Planning Division Manager Kearns. City Attorney Noonan responded to questions. Additional information supplemental packet.

Speakers: Nelson Buss, Thousand Oaks.

Written Statements: None.

Motion by Councilmember Newman to direct staff to bring a comprehensive sign regulation update after the comple tion of the General Plan update and in conjunction with the City's Development Standards update.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

C. Campaign Contribution Update

RECOMMENDATION:

1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.

2. Find that this action is not a project as defined by the California Environmental Quality Act.

Presented by City Clerk Maguire. City Atto rney Noonan responded to questions.

Acting Deputy City Clerk Delgado available for questions.

Speakers: Nelson Buss, Thousand Oaks.

Written Statements: None.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 March 14, 2023

*13. DEPARTMENT REPORTS: (Continued)

C. Campaign Contribution Update (Continued)

Motion by Mayor Pro Tem Adam to direct staff to amend the current Campaign Contribution Limits Ordinance to increase the campaign contribution base limit to $750 and keep the biennial adjustment in odd-numbered years based on the California Consumer Price Index and that the base limit be re-evaluated in five years.

Passed 4-1 by the following vote:

Ayes – Engler, Newman, Taylor, Adam
Noes – McNamee

12. STUDY SESSIONS:

A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees

RECOMMENDATION:

1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.

2. Schedule a Public Hearing for April 25, 2023, to establis h User Fees and Development Impact Fees to be effective July 1, 2023.

3. Find that this action is not a pr oject as defined under the California Environmental Quality Act (CEQA).

2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments, and Development Impact Fees Study Sessi on presented by Finance Director Boscarino. Budget Officer Sakaida and Senior Financial Analyst Roman available for questions. Additional information supplemental packet.

Speakers: Betsy Connolly, Unincorporated Thousand Oaks.

Written Statements: None.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 4-1 by the following vote:

Ayes – Engler, Taylor, Adam, McNamee
Noes – Newman

14. COMMITTEE/COMMISSION/BOARD REPORTS: None.

Item No.10B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 March 14, 2023

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.

16. COUNCIL ISSUES/RECOMMENDATIONS: None.

17. CITY MANAGER:

A. Announcements and upcoming issues

City Manager Powers provided an update on the April 4, 2023, City Council meeting.

18. PUBLIC NOTICES: None.

19. ADJOURNMENT: City Council adjourned at 10:18 p.m. to Regular Meeting on April 4, 2023.

___________________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:

_____________________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council

AGENDA POSTED: March 9, 2023
MINUTES APPROVED:

*indicates item taken out of order

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

CCD:610-60\dlz\h:\common\minutes\2023\20230314.docx

Item No.10B

TO:Andrew P. Powers, City Manager
FROM:Jennifer Patterson, Library Director
DATE:April 4, 2023
SUBJECT: Library Technology Infrastructure
RECOMMENDATION:

1. Approve purchase of Alletra Storage Area Network from Evocative (Los Angeles, CA) in the amount of $49,644.64.

2. Approve Budget Appropriation transfer and expenditure in the amount of $49,645 from A/C #110-7330-673-3300 (Equipment under $5000) to A/C #110- 7330-673-8400 (Equipment over $5,000).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 Library Fund Budget. In addition, $49,645 is included in the Adopted FY 2022-23 Library Fund Budget and $40,889 is offset by Fixed Asset Replacement.

BACKGROUND:

In order to effectively and efficiently maintain and advance the Thousand Oaks Library’s technology infrastructure, additions and/or updates to the storage and server infrastructure are periodically needed.

In 2017, Library staff purchased the Reduxio Storage Area Network (SAN) which is a product used for data storage. The Reduxio has a storage capacity of 20 terabytes and the typical life expectancy of a SAN unit is 5 years. This product has now reached the end of its useful life and for the past three years the City has incurred third-party support charges after the manufacturer ceased building and supporting this equipment.

Item No.10C

Library Technology Infrastructure
April 4, 2023

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DISCUSSION/ANALYSIS:

The current aging technology infrastructure at the Thousand Oaks Library, which supports both public and staff desktop services, includes the Reduxio. The Reduxio unit has depended on a third-party support vendor costing $9,000 per year. Additionally, the support vendor communicated to Library staff that spare parts are becoming scarce and they cannot guarantee support past 2023.

After reviewing SAN products from Dell, HPE, and IBM, City I.T. staff selected the Alletra (formerly Nimble) SAN technology from HPE due to its performance, cost, familiarity to I.T. support staff, and long, reliable history (founded in 2008). The Alletra replacement unit will include three years of support, resulting in a $27,000 net savings over the term due to the elimination of the yearly Reduxio support contract ($9,000 per year). After three years, support will become a yearly expense consistent with the other technology infrastructure equipment in the City. Consequently, staff determined that replacing the existing Reduxio unit with the Alletra unit would benefit and improve the technology infrastructure, save on yearly recurring costs, and facilitate the capacity for future growth and advances in technology.

Upon selection of the Alletra technology, HPE assisted City I.T. staff in creating a Bill of Materials and Configuration that was supplied to five hardware vendors with a request for quotes. Of these five vendors, four provided the quotes below.

Company Cost

1. Evocative (Los Angeles, CA) $49,644.64

2. ISSQuared (Westlake Village, CA) $50,629.32

3. Compuwave (Ventura, CA) $112,138.67

4. CDW Government (Chicago, IL) $118,113.18
The lowest quote is $49,644.64. Staff recommends selecting Evocative (Los Angeles, CA).

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

Item No.10C

Library Technology Infrastructure
April 4, 2023

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G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

PREPARED BY: Alina Savulescu, Accounting Specialist
Gerard Fontes, IT Supervisor
LIB:950-10\H:\Common\Administration\StaffReports\04042023LibraryTechnologyInfrastructure.doc Item No.10C

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:April 4, 2023
SUBJECT: Unit W Wastewater Interceptor Capital Improvement Project (CI 5445)
RECOMMENDATION:

1. Reject all bids received on March 1, 2023.

2. Authorize staff to re-advertise the project for new construction bids following a value engineering evaluation.

3. CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to re- advertise for bids, along with $1,900,000 project budget are included in the Adopted FY 2021-23 Wastewater Fund Capital Budget (CI 5445). Estimated total project cost is $3,500,000. Additional appropriation will be included in the upcoming biennial capital budget process.

BACKGROUND:

The Hill Canyon Treatment Plant (HCTP) is located at 9600 Santa Rosa Road and provides tertiary level wastewater treatment for the community. As part of the overall wastewater collection and treatment system, large diameter wastewater interceptor pipelines were installed to transport the wastewater from the community and deliver it to the HCTP.

The Unit W Wastewater Interceptor is a gravity collection pipeline that originates near the Oaks Mall and transports a large volume of wastewater along the Arroyo Conejo Creek to the HCTP (Attachment #1). The pipeline was installed in the 1960s and improvements have been made over the decades. In the lower portion of the interceptor, the original 1960s Unit W pipeline consisted of a 30-inch Item No.10D

Unit W Wastewater Interceptor Capital Improvement Project CI 5445 April 4, 2023

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3 diameter pressurized pipeline with two major wastewater access structures (Structure W-1 and Structure W/F). The structures enable the wastewater interceptors to be accessed by staff.

Since the 1960s, the existing pipeline has been lined in sections using a cured in place pipe (CIPP) product. In 1978, a second 39-inch diameter pipeline was installed from the City’s W/F wastewater collection access structure to the south headworks at the HCTP. In addition, in 1998, a parallel 42-inch diameter pipeline and several pressurized reinforced concrete structures were installed to control and manage the wastewater flow, and to provide redundancy to this critical section of the Unit W interceptor. As facilities age, it is important to rehabilitate or replace pipelines, valves, and structures to maintain long-term reliability of this key wastewater infrastructure.

The necessary rehabilitation work for the Unit W Project includes installation of a temporary wastewater bypass pipeline to HCTP headworks so closed-circuit television (CCTV) work can be performed on the inside of the wastewater pipelines, as well as installation of new access holes. This CCTV work will be completed on one pipeline at a time. In addition, three of the existing isolation valves are non-functional due to mechanical failure. Replacement of these valves can be challenging from a permitting and feasibility standpoint, so they are included as part of this project. The valves are buried in the canyon and therefore must be excavated to be replaced. The phase 1 condition assessment of the project is the first phase of a potential two-phase project. The work performed as part of this phase will determine the need for additional rehabilitation or repairs on this section of Unit W. Once this project is completed and the internal pipeline CCTV information work is obtained, staff will determine the need for a second phase of this project, which will be included as a future capital project in the FY 2023-25 Capital Budget.

DISCUSSION/ANALYSIS:

Two bids were received on March 1, 2023, as follows:

Contractor’s Name, City Bid Amount

1. J.R. Filanc Construction Company, Inc. (Oxnard, CA) $ 3,446,563

2. Blois Construction, Inc. (Oxnard, CA) $ 3,732,341
The lowest bid from J.R. Filanc Construction Company, Inc. (Filanc) in the amount of $3,446,563, was approximately 50 percent higher than the engineer’s estimate of $2,200,000. This project is in an environmentally sensitive canyon with regulatory permits in place that have a specific construction sequence and environmental protection requirements. In addition, bypassing large quantities of Item No.10D

Unit W Wastewater Interceptor Capital Improvement Project CI 5445 April 4, 2023

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3 wastewater may have led to the increased cost since the risk to the contractor is significant. As a result of the high bids, staff is recommending that all bids be rejected.

Before re-bidding the project, staff will be working with the City’s consultant to explore design and construction alternatives that may result in cost savings for the project. Once this design and construction value engineering evaluation has been completed, the project plans and specifications will be modified accordingly, and the project will be re-advertised for bidding. Staff will also continue to procure the three plug valves that are necessary for the project as a separate action anticipated by City Council later this spring. The valve manufacturing and procurement process is estimated to take 26-30 weeks, so ordering these valves in advance is critical to the success of the project meeting the schedule once the Unit W project is readvertised for construction bids.

The revised tentative schedule for the project is as follows:

Re-bidding Fall 2023
Award of construction contract Winter 2024
Start construction Spring 2024
Construction completion Fall 2024
As part of the design efforts on the project, the consultant prepared the Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) guidelines. City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program for the project on February 22, 2022.

This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
Community Outreach: This project will be limited to work at HCTP and in the canyon adjacent to HCTP where the Unit W pipelines are located and is not expected to impact any neighboring residences. The work will be at the south end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users will be minimal.

CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

Item No.10D

Unit W Wastewater Interceptor Capital Improvement Project CI 5445 April 4, 2023

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3 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Nader Heydari, Deputy Public Works Director Attachments:

Attachment #1 – Vicinity and Location Map
DPW: 850-20\cg\nh\ev\Council\2023\04042023\CI 5445\ HCTP Unit W Reject All Bids staff report.docx Item No.10D

LOCATION MAP
ATTACHMENT #1
DPW: 850-20\cg\nh\ev\Council\2023\04042023 CI 5445\ HCTP Unit W Reject All Bids Att 1.pdf Item No.10D

TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:April 4, 2023
SUBJECT: Information Technology Equipment Replacement
RECOMMENDATION:

1. Authorize expenditure for CompuWave and C D W Government, Inc. in an amount not-to-exceed $250,000 in FY 2022-23 for computer desktops, laptops, tablets, wireless access points, switches, and firewall replacements from A/C #001-3410-612-33-00 (Equipment Less than $5,000).

2. Approve budget appropriation transfer in the amount of $50,000 from A/C #001- 3410-612-84-00 (Equipment $5,000 or More) to A/C #001-3410-612-33-00 (Equipment Less than $5,000) for FY 2022-23 computer equipment purchases.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget. The requested computer related equipment purchases will be fully offset by a budget appropriation transfer from Equipment $5,000 or More.

BACKGROUND:

The City’s Information Technology (IT) division of the Finance Department is responsible for technology equipment replacement for City staff at various City locations. Depending on the type of equipment, the average lifecycle is four to five years. Laptops and tablets are typically four years, with desktops, wireless access points, switches, and firewalls typically five years. The City has approximately 550 desktops, laptops, and tablets. Additionally, the City has over 150 wireless access points, switches, and firewalls (e.g., infrastructure) with an average lifecycle of four to five years.

Item No.10E

Information Technology Equipment Replacement
April 4, 2023

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Computer equipment replacement takes place annually. Most desktops and laptop equipment were purchased from CompuWave, as they provided the best pricing.

C D W Government, Inc. has been highly competitive in their infrastructure equipment pricing. Both companies are trusted vendors that the City has purchased from in the past.

DISCUSSION/ANALYSIS:

The City has approximately 100 desktops, laptops, and tablets that are due for replacement in FY 2022-23. There are an additional 55 wireless access points, switches, and firewalls that are due for replacement based on end of useful life or nearing end of useful life maintenance and support. With the ever-increasing cybersecurity risks, timely replacement of computer infrastructure equipment is imperative in the City’s efforts to maintain its cybersecurity posture.

The IT division completed a request for quotes for desktops and switches/infrastructure. CompuWave provided the best pricing for desktops and C D W Government, Inc. provided the best pricing for switches/infrastructure.

CompuWave and C D W Government, Inc. are both well-established vendors and have been in business for several years.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Eddie Hughes, IT Manager
FIN:190-10\eh/H:\COMMON\Council\2023\Information Technology\040423 IT Equipment Replacement staff report.docx Item No.10E

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Ord. No. 1711-NS
ORDINANCE NO. 1711-NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING
SECTIONS 1-8.106, 1-8.108 , 1-8.110, 1-8.113,
1-8.114, 1-8.115, 1-8.117, 1-8.124, 1-8.125,
1-8.126 OF MUNICIPAL CODE REGARDING

COUNCIL MEETINGS AND PROCEDURES

The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1.

Section 1-8.106 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.106. Agenda: Public input.

An agenda shall be prepared and, as required by State law, posted for all meetings.

No Council substantive action shall be taken on any matter unless that matter appears on the agenda or such non-agenda action is authorized under the Brown Act. However, for any item not appearing on the agenda, any Councilmember may briefly respond to comments or questions of the public, briefly report on their own activities, request information from staff or request the matter be placed on a future agenda.

All matters to be submitted to the Council should be delivered to the City Clerk not later than the time requested by the Clerk for such submittals.

The City Clerk shall prepare the agenda under the direction of the City Manager.

The agenda and back-up material should be delivered to the Councilmembers on the Thursday evening preceding the Tuesday Council meeting to which the agenda pertains. The agenda shall be posted and accessible to members of the public per the Brown Act.

Each agenda shall contain an opportunity for the public to address the City Council on any item of interest to the public. The Mayor subject to a Councilmember’s right of appeal shall determine the time allotted to each speaker or for the entire public comments section of the meeting.

Item No.10F

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Ord. No. 1711-NS
Part 2.

Section 1-8.110 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.110. Minutes.

(a) The City Clerk shall prepare the minutes and any directions for changes in the minutes shall be only by majority Council action and shall conform to fact.

(b) The minutes should be a clear and concise statement of the Council actions, motions made and the vote thereon.

(c) Whenever the Council acts as a quas i-judicial proceeding, such as a development permit matter, a summary of the witnesses' testimony shall be completed and included.

(d) The minutes may be approved under the consent calendar without reading if each Councilmember has received a copy.

(e) Official records and approved minutes may not be physically altered and/or items may not be “expunged.” Altering or defacing approved minutes is a felony in violation of Government Code §§ 6200 and 6201.

Part 3.

Section 1-8.113 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.113. Rules of debate.

(a) Recognition to speak. Every Councilm ember desiring to speak shall first address the Mayor and be recognized by such. The member shall solely discuss the question under debate, avoiding personalities and indecorous language.

(b) Questions to staff. Every Councilmem ber desiring to question the City staff, after recognition by the Mayor, shall addr ess the questions to the City Manager, Assistant City Manager, City Clerk, City Attorney or appropriate department head who shall be entitled either to answer or designate a me mber of staff for that purpose.

(c) Interruption. A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Mayor or a point of order or personal privilege is raised by another Councilmember. If a Councilmember, while speaking, is called to order, the mem ber shall cease speaking unt il the question of order is Item No.10F

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Ord. No. 1711-NS
determined. Members of the Cit y staff, after recognition by the Mayor, shall hold the floor until the completion of their re marks or until recognition is withdrawn by the presiding officer.

(d) Points of order. The Mayor shall dete rmine all “points of order” subject to the right of any Councilmember to appeal t he Mayor’s decision to the Council. If an appeal is taken, the question shall be, “Shall the decision of the Mayor be sustained?” A majority vote of those C ouncilmembers present shall conclusively determine such question of order.

(e) Point of personal privilege. The ri ght of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the member’s integrity, character or motives are questioned. A Councilmember raising a point of personal privilege may inte rrupt another Councilmember who has the floor only if the Mayor recognizes the privilege.

(f) Privilege of closing the debate. The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of making the closing remarks during debate.

(g) Limitation of debate. To encourage the full participation of all members of the Council, no Councilmember or C ouncilmembers shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken and other Councilmembers wish to speak, the latter Councilmembers should be recognized in preference to the Counc ilmember who has already spoken.

However, if no other Councilmembers seek recognition, the Mayor may recognize the Councilmember who has already spoken.

Part 4.

Section 1-8.114 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.114. Addressing the Council.

(a) Manner of addressing the Council. Prior to the start of the meeting, persons wishing to address the Council shall fill out a speaker card and submit it to the City Clerk. When called upon by the Mayor, that person shall limit discussion to the subject to be discussed, and, unless further time is granted by the Council, limit their remarks to time allocated to the speaker by the Mayor. All remarks should be addressed to the Council as a whole and no t to individual staff or any member thereof. No question shall be asked of a Councilmember or of City staff without the permission of the Mayor.

Item No.10F

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Ord. No. 1711-NS
(b) Spokesperson for groups of persons. In order to expedite matters and to avoid repetitious presentations whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chos en by the group and, in case additional matters are to be presented by any other member of su ch group, to limit t he number of such persons addressing the Council. A written statement card may be filled out and submitted to the City Clerk indicating the person's opi nion in writing. Those statements will be provided to City Councilmembers and made part of the meeting record.
(c) After motion. Afte r a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without firs t securing permission to do so by the Council.

Part 5.

Section 1-8.115 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.115. Rules of decorum.

(a) Councilmembers. While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interr upt the proceedings nor di sturb any member while speaking nor refuse to obey the orders of the presiding officer.

(b) Employees. City staff shall observe the same rules of order and decorum.

(c) Persons addressing the Council. An y person making impertinent or slanderous remarks or who becomes disruptive while addressing the Council, shall be called to order by the Mayor and if such conduct continues, may, at the discretion of the Mayor, be ordered barred from the Co uncil Chamber during that meeting.

(d) Members of the audience. Any person in the aud ience who engages in disorderly conduct, such as hand clapping , stamping of feet, whistling, using profane language, yelling and similar demonstrat ions, which conduct disturbs the peace and good order of the m eeting, or who refuses to comply with the lawful orders of the Mayor, shall be guilty of a misdemeanor, and upon instructions from the Mayor, it shall be the duty of the sergeant-at-arms to remove any such person from the Council Chamber and/or to place him/her under arrest.

(e) Decorum Guidelines. At the Mayor’ s discretion, the following guidelines should be followed until decorum is observed:

Person(s) addressing the Council.

Item No.10F

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Ord. No. 1711-NS

1. State: “Please speak to matte rs within the City’s jurisdiction.”

2. Turn off public lectern.

3. Quickly bang gavel loudly 2-3 times.

4. State: “Please speak to matters within this jurisdiction. Outbursts or disruptions will not be tolerated. If this behavior continues, this meeting will be recessed until decorum is observed.

If disruption continues:

5. State: “We have a member(s) of the public who are being disruptive, therefore, I will call a recess until decorum is observed.”

6. City Council and Staff ex it to Conference Room.

7. Once decorum is observed.

8. Return to Chambers.

Member(s) of the audience.

1. Quickly bang gavel loudly 2-3 times.

2. State: “Outbursts or disruptions will not be tolerated. Please cease and desist.

If this behavior continues, this meet ing will be recessed until decorum is observed.”

If disruption continues:

3. State: “We have a membe r(s) of the public who are being disruptive, therefore I will call a recess until decorum is observed.”

4. City Council and Staff ex it to Conference Room.

5. Once decorum is observed.

6. Return to Chambers.

If behavior continues after calling a recess, the individual(s) may be removed. If disruption continues, order the meeting room cleared and continue in session. Ask the sergeant-at-arms to clear the public fr om the Chambers. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

(f) Persons authorized to be within the City Council/staff dais area. No person, except members of the Council and the City staff, shall be permitted within the City Council/staff dais area without the consent of the Mayor.

Item No.10F

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Ord. No. 1711-NS
Part 6.

Section 1-8.124 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.124. Ordinance, resolutions and contracts.

(a) Preparation.

(1) Ordinances. All ordinances shall be approved by the City Attorney and shall be presented to the Council only when r equested by the Council, Mayor, City Manager or City Attorney.

(2) Resolutions. All resolutions shall be approved by the City Attorney. In matters of urgency, a resolution may be presented verbally in motion form, together with instructions for written pr eparation for later execution. Urgency resolutions should be avoided except when absolutely necessary.

(b) Prior to approval by the administrative staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City A ttorney and shall have been reviewed for administration by the City Manager or a designated representative.

(1) Introduction. Ordinances shall be introduced for the first reading by motion.

When ordinances, other than urgency or dinances, are altered after their introduction, they shall be adopted only at a regular or adjourned meeting held at least five (5) days after such alteration. Corrections of typographical or clerical errors shall not be considered alterations.

(2) Reading and adoption. After reading the title, full reading may be waived by a motion adopted by the unanimous vote of the Council. Ordinances shall be adopted (second reading) by motion and roll ca ll vote at least five (5) days after introduction.

(3) Urgency ordinances. An urgency ordinance for the immediate preservation of the public peace, health or safety may be passed immediately upon its introduction and either at a regular or spec ial meeting. It sha ll declare the facts constituting the urgency, and it shall be passed by four (4) affirmative votes.

(4) Publication and effective date. After its adoption, the City Clerk shall publish the ordinance or a summary at least once in a newspaper of general circulation in the City. Ordinances shall take effect on the thirty-first (31st) day following its final passage. An ordinance shall take effect immediately if it is an ordinance:
(i) Relating to an election;
Item No.10F

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Ord. No. 1711-NS
(ii) Of an urgency nature;
(iii) Relating to street improvement proceedings;
(iv) Relating to taxes for the usual and current expenses of the City; or (v) Covered by particular provisions of law prescribing the manner of its passage and adoption.

Part 7.

Section 1-8.125 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.125. Hearings.

(a) Application of provisions: Hearing def ined. The procedural rules of this section apply to hearings before the Council.

(b) Rights of interested persons. At the hear ing, the Council shall afford any interested person or their authorized repres entative, or both, the opportunity to present evidence and statem ents, arguments or content ions orally and/or in writing.

(1) Oral evidence. Oral evidence may be taken on oath or affirmation if requested by the Mayor or Council.

(2) Exhibits and documents. Documentary evidence, exhibits and documents used shall, unless otherwise directed, be considered as evidence and part of the record.

(3) Communications and petitions. All comm unications and petitions shall be read aloud either in full or by synopsis. A reading in full shall be made at the request of any Councilmember. All such communications and petitions may be introduced into evidence at the discretion of the Council.

(4) Staff reports. If time provides, a written staff report should be prepared and orally reviewed as a part of the staff presentation. Such report shall be considered as evidence and part of the record.

(5) Large maps and displays. Large size maps and displays presented for use at the hearing shall be displayed in full view of the Council. When practicable, such maps or displays, or authentic reducti ons thereof, shall be introduced into evidence.

Item No.10F

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Ord. No. 1711-NS

(6) Admissible evidence. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded.

(d) Continuances. Any hearing may, by minute action, be continued to any subsequent regular or adjourned meeting.

(e) Decisions. Consistent with State law, the Council shall render a decision or determination on the matter within a reas onable period after the close of the hearing. Such decision or determination shall be by motion at a regular or adjourned meeting. Any Counc ilmember shall be disqualified from discussing, participating or voting on a matter who: (1) was not present during the entire hearing and did not review the written reports and submittals and view the full video of such missed portions; (2) has a conflict of financial interest in the matter; or (3) has a conflict or remote interest under Government Code §§ 1090 and 1091.

(f) Records. A verbatim mechanical re cording may be made of the oral evidence presented at the hearing. Such recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained for a period of one year after the date of the close of the hearing. In lieu of retaining such recording, a typewritten transcript thereof may be prepared which shall be retained for the same period of time.

Part 8.

Section 1-8.126 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 1-8.126. Consent calendars.

The Council agenda may include a consent ca lendar consisting of routine items.

The adoption or approval of all items on the consent calendar shall be accomplished by one motion passed on a roll call vote.

(a) Confirming resolutions. Resolutions confirming the prior action of the Council may be placed on the consent calendar for adoption. The City Clerk shall record the Council vote on the resolution in accordance with the vote taken by the Council at the time the original action was taken at the prior meeting.

(b) Supporting documentation. Items on the consent cal endar should be supported by documentation relative to each item.

Item No.10F

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Ord. No. 1711-NS
(c) Removal of items from consent calendar. The motion to adopt the consent calendar shall not be debatable. If any Councilmember desires Council discussion or debate on any item on the consent calen dar, such item shall be removed from the calendar and discussed or debated. In such case, the Council shall consider the approval or adoption of the consent calendar, as amended, with the removal of such item.

Part 9.
(Uncodified)

If any section, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of t he remaining portions. The City Council hereby declares that it woul d have passed this ordinance, and each section, sentence, clause of phrase t hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Part 10.
(Uncodified)

This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED this XXth day of XXXXX, 202X, by the following vote:

Ayes:

Noes:

Absent:

_________ _______________________
Kevin McNamee, Mayor
City of Thousand Oaks, California

ATTEST/CERTIFY:

________________________________
Laura B. Maguire, City Clerk

Date Attested: ____________________

Item No.10F

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Ord. No. 1711-NS

APPROVED AS TO FORM
Office of the City Attorney

_________________________________
Tracy M. Noonan, City Attorney

APPROVED AS TO ADMINISTRATION:

_________________________________
Andrew P. Powers, City Manager

Introduced: March 14, 2023
Published: March 30, 2023, and xxxx
Ordinance No.: 1711-NS

The presence of electronic signature certifies t hat the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.10F

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 4, 2023
SUBJECT: Municipal Code Amendment to Repeal Residential Resale Requirements (MCA-2023-70002)
RECOMMENDATION:

1. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve MCA-2023-70002 amending the Thousand Oaks Municipal Code (TOMC) by repealing Chapter 12 of Title 8, and hold the Chapter placement for future use.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare this report is included in the Adopted FY 2022-2023 General Fund Budget.

Financial impact would include saving the cost of staff time currently spent processing report applications, with a corresponding reduction in application fee revenue.

BACKGROUND:

The City of Thousand Oaks Municipal Code requires residential sellers to provide the buyer with a report of residential building records for the property. The purpose of this requirement was to assure that buyers were aware of any existing violations or construction that may have been accomplished without permits and inspection.

As the City transitions to reliance on its new Land Management System, this information can be gathered on-line by the parties without burdening private parties with the cost of having staff generate the report for them.

Item No.11A

MCA to Repeal Residential Resale Requirements (MCA-2023-70002) April 4, 2023

Page 2 ends

5 6
2 On August 10, 1971, City Council adopted Ordinance No. 223-NS, adding Chapter 12 to Title 8 of the TOMC relating to Reports of Residential Building Records (Attachment #1). The Ordinance required a fee to be paid and an application to be submitted to initiate a review and report of pertinent City records and an inspection of the premises to determine the accuracy of said records. This requirement was to be met prior to the sale or exchange of a residential property.

On September 2, 1986, City Council adopted Ordinance No. 932-NS, replacing Chapter 12 of Title 8 of the TOMC, which revised procedures, providing for an option of an alternate report which would only include a records search (Attachment #2). The revised ordinance continued to require a report of records, but removed the mandatory inspection requirement, allowing for voluntary on-site inspection for an additional fee.

Pursuant to California Government Code Section 38780 et seq., the intent of Chapter 12 of Title 8 is to assure that the purchaser of a residential building within the City is given the opportunity to be furnished with a report of matters of City record pertaining to the authorized use, occupancy, and zoning classification of real property prior to its sale or exchange (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) (Attachment #3).

On November 14, 2022, the City launched its new enhanced and integrated virtual land management service system, TO/24. With this new self-service virtual system, the public may instantly access the information required in Chapter 12 of Title 8 via the portal, at no charge, no wait time, and in compliance with Government Code.

DISCUSSION/ANALYSIS:

When the Reports of Residential Building Records program came into existence in the City in 1971, the only way for a potential homebuyer to find complete building records on a residence was through City staff, with a fee to be paid by the resident to compensate for the staff time needed to review records. Now, with the introduction of the new virtual self-service system, TO/24, these records are available for anyone to retrieve 24 hours a day, 7 days per week, and at no cost to the resident.

Sec. 8-12.04 of the TOMC currently requires the report of the residential building records contain the following information insofar as it is available:
(1) The street address and assessor’s parcel number of the subject property; (2) The zone classification and authorized use as set forth in this Code; Item No.11A

MCA to Repeal Residential Resale Requirements (MCA-2023-70002) April 4, 2023

Page 3 ends

5 6
2 (3) The occupancy as indicated and established by permits of record; (4) Any variances, special use permits, exceptions, or other zoning requirements; (5) Any special restrictions in use or development which may apply to the subject property;
(6) The availability of water and sewer facilities from the City’s system and connection fee requirements; and
(7) Informational material explaining when permits from the City are needed.

Diagrams and explanations for proper installation of commonly occurring improperly installed work.

Each of these items is now accessible free of charge and with no wait time through the City website or by contacting staff who can retrieve the information quickly without the research time historically required. This saves residents valuable time and money by removing unneeded fees on home transactions in this challenging housing market.

The adopted Housing Element from January 2022 references the Residential Resale Housing Program within Goal 3: Maintain and improve the existing housing stock of the City by reducing housing deterioration. With the implementation of the new enhanced and integrated virtual self-service system, TO/24, the purpose of the program is satisfied without the allocation of staff resources.

Based on the above discussion, staff recommends that City Council introduce this ordinance to repeal the Residential Resale Requirements. If introduced, the ordinance would be brought back for adoption at a subsequent meeting (Attachment #4).

Community Outreach
Staff met with representatives from the Conejo Simi Moorpark Association of Realtors on December 20, 2022. As representatives of this entity, they expressed support of the repeal. Their reasoning for support is simplification of the real estate transaction process and cost savings for information that is readily available to the public.

Item No.11A

MCA to Repeal Residential Resale Requirements (MCA-2023-70002) April 4, 2023

Page 4 ends

5 6
2 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

PREPARED BY: Michelle McMurtry, Office Supervisor
Attachments:

Attachment #1 – Ordinance No. 223-NS
Attachment #2 – Ordinance No. 932-NS
Attachment #3 – TOMC Section 8, Chapter 12
Attachment #4 – Ordinance
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Staff Report.docx\pz [FILE ID: MCA-2023-70002]
Item No.11A

REPEAD'
ORDINANCE NO. 223- NS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS, CALIFORNIA, ADDING CHAPTER
12 TO TITLE 8 OF THE MUNICIPAL CODE OF THE CITY

OF THOUSAND OAKS, RELATING TO REPORTS OF RESI-

DENTIAL BUILDING RECORDS
The City Council of the City of Thousand Oaks does ordain as follows:

SECTION 1
That a new Chapter 12 is hereby added to Title 8 of the Munici- pal Code of the City of Thousand Oaks to read as follows:

CHAPTER 12. REPORT OF RESIDENTIAL BUILDING

RECORDS
Section 8- 12. 101. Intent.

Pursuant to Article 6. 5 ( commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the State of California, it is the intent of the Council to assure that the grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property.

Section 8- 12. 102. Definitions.
a) " Owner" shall mean any person, co- partnership, associa- tion, corporation or fiduciary having legal or equitable title or any interest in any real property.
b) " Residential building" shall mean any improved real pro- perty designed or permitted to be used for dwelling purposes, situated in the city and shall include the building or structures lo- cated on said improved real property.
l-
Ord. 223- NS
ATTACHMENT #1
Item No.11A

c) " Agreement of Sale" shall mean any agreement or written instrument which provides that title to any property shall there- after be transferred from one owner to another owner.

Section 8- 12. 103. Report Required.

At the time of entering into an " agreement of sale" or ex- change of any residential building, the owner or his authorized representative shall inform the purchaser of the purchaser's right to compel the seller to obtain from the City a report of the resi- dential building record, prior to the close of the transaction, show- ing the regularly authorized use, occupancy, and zoning classifi- cation of such property. Said report shall be valid on the day of issuance. Said report may be waived by the purchaser by an instru- ment in writing stating that the purchaser acknowledges that he understands he is entitled to such a report, but does not want one and therefore waives his right to have such a report presented to him prior to the close of the transaction. No escrow shall close until a receipt for said report or a waiver, in the form set forth in this section, is filed with the escrow holder. Where an escrow is not used, the receipt or waiver shall be filed with the Director of Building and Safety.

Section 8- 12. 104. Application.

Upon application of the owner or his authorized agent and the payment to the City of a fee of Twenty- Five and no/ 100ths ($25. 00) Dollars, the Director of Building and Safety shall review pertinent City records, shall cause an inspection of the premises to be made to determine the accuracy of said records, and shall deliver within seven ( 7) days from the date of receipt of written application therefor or as soon as possible thereafter, to the applicant a report of resi- dential building records which shall contain the following information ins ofar as it is available:
2-
Ord. 223- NS
Item No.11A

a) The street address and legal description of subject property;
b) The zone classification and authorized use as set
forth in this Code;
c) The occupancy as indicated and established by per-
mits of record;
d) Findings of the Building Inspector as the result of physical inspection of the premises;
e) Variances, special use permits, exceptions, and
other zoning requirements;
f) Any special restrictions in use or development which may apply to the subject property; and
g) Av~ i]=abili. ty of water and sewer facilities from the City's system and connection fee requirements.

Section 8- 12. 105. Delivery of Report.

The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner, to the buyer or transferee of the residential building prior to the close of escrow or if there be no escrow, prior to consum- mation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the City and said re- ceipt shall be delivered to the Building Department as evidence of compliance with the provisions of this chapter.

Section 8- 12. 106. Change of Status.

In the event the owner or the purchaser wishes a previously rendered report updated to reflect a change of status of any re- ported item prior to the close of escrow, the owner shall obtain a supplemental report that will present the current record. A supplemental report may be obtained at any time within a period of six ( 6) months from the date of issuance of the original report upon the payment of a fee of Five and no/ 100ths ($5. 00) Dollars.

Should the change have occurred six ( 6) months, or more, from date of issuance of original report, a new report will be required. 3 Ord. 223- NS
Item No.11A

Section 8- 12. 107. Exceptions.

The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Sub- division Map Act not more than two years prior to the first sale.

Section 8- 12. 108. Liability.

Any employee, charged with the enforcement of this ordinance, acting in good faith and without malice, for the City in the dis- charge of his duties, shall not thereby render himself liable per- sonally, and he is hereby held harmless and shall be indemnified from all personal liability for any damage that may arise as a result of any act or omission in the discharge of his duties where he conducts himself as aforesaid. Any suit brought against an employee, because of an act or omission in good faith without malice performed by him in the enforcement of any provisions of this Ordinance, shall be defended by the City until final termination of the proceedings.

Section 8- 12. 109. Penalties.
a) Anyone convicted of knowingly violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a Five Hundred ($ 500. 00) Dollar fine or six ( 6) months in the County jail, or both.
b) No sale or exchange of residential property shall be invali- dated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act or omission which would be a valid ground for rescission of such sale or ex- change in the absence of this chapter.
4-
Ord. 223- NS
Item No.11A

SECTION 2
This Ordinance shall go into effect and be in full force and operation from and after thirty ( 30) days after its final passage and adoption.

PASSED AND ADOPTED this 10th day of August, 197 1.
ay~ ar~ia, ~ Iay'6'i~'' '
ATTEST:

Velma S. Quih~,, City Clerk
APP~/~//VEDAS/TO
FO
M:

G 1J ' ity M~ n~~
By: R. Velthoen, Asst. City Manager
I, VEL~ S. QUINN, ~ HEREBY CERTIFY that the above
and foregoing Ordinance No. 223- NS was duly passed and adopted by the City Council of the City of Thousand Oaks at a regular 10th day of August, 197 1 by fhemeeting thereof, held on the following vote, to- wit:

AYES: Jones,
NOES: N one
ABSENT: Cohen
Bowen, Fiore, Garcia
Velma S. Qu~ nrY/I~ ity Clerk
City of Thousand Oaks
5-
Ord. 223- NS
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 1.docx \pz [FILE ID: MCA-2023-70002]
Item No.11A

ORDINANCE NO. 932 - NS
AN ORDINANCE REPLACING CHAPTER 12 OF TITLE 8 OF THE MUNICIPAL CODE OF THE

CITY OF THOUSAND OAKS RELATING TO RESIDENTIAL BUILDING RECORDS REPORTS FOR

REVISED PROCEDURES, CLARIFICATIONS ON SCOPE AND TERMINOLOGY, PROVIDING FOR

FEE REFUNDS AND FOR THE SETTING OF FEES BY RESOLUTION, PROVIDING FOR AN ALTERNATE REPORT, AND TIME EXTENSIONS.

The City Council of the City of Thousand Oaks does ordain as follows:

PART 1.

Sections 8- 12. 01 through 8- 12. 09 of Chapter 12 of Title 8 of the City of Thousand Oaks Municipal Code are hereby repealed.

PART 2.

Sections 8- 12. 01, 8- 12. 02, 8- 12. 03, 8- 12. 04, 8- 12. 05, 8- 12. 06, 8- 12. 07, 8- 12. 08, 8- 12. 09, 8- 12. 10, 8- 12. 11 are hereby added to Chapter 12 of Title 8 of the City of Thousand Oaks Municipal Code to read as follows:

CHAPTER 12. REPORTS OF RESIDENTIAL RECORDS
Sec. 8- 12. 01 Intent.

Pursuant to Government Code Section 38780 et. seq., it is the intent of this ordinance to assure that the purchaser of a residential building within the City is furnished a report of matters of City record pertaining to the authorized use, occupancy and zoning classification of real property prior to its sale or exchange. It is the further intent to protect the unwary home -buying public against undisclosed restrictions on the use of the property.

Sec. 8- 12. 02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
a) " Agreement of sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.
b) " Owner" shall mean any person, co - partnership, association, corporation, 9r fiduciary having legal or equitable title or any interest in any real property.
c) " Owner of Record" shall mean the person having title to the property at any given point in time, and may mean either the buyer or seller depending upon the timing of transfer of title.
d) " Residential building" shall mean any improved real property, designed or permitted to be used for dwelling purposes, situated in the City and shall include the buildings or structures located on such improved real property such as Single Family Dwellings, Condominiums, and Townhomes.

Sec. 8- 12. 03 Reports Required, Waiver.

At the time of entering into an agreement of sale or exchange of any residential building, the owner or an authorized representative shall inform the purchaser of the purchaser' s right to compel the owner to obtain from the City a report of the residential building records prior to the consummation of the sale showing the regularly authorized use, occupancy, and zoning classification of such property.

Such report may be waived by the purchaser by an instrument in writing stating that the purchaser acknowledges entitlement to such a report, but does not want one, and therefore waives the right to have such a report presented prior to the close of the transaction. No seller shall cause an escrow to close until a receipt for such report, or a waiver in the form set forth in this section, is filed with the escrow holder and the Director of Building and Safety. Where an escrow is not used, the receipt or waiver shall be filed with the Director of Building and Safety.

Waivers shall not be granted for corrective work required for code compliance.

BS/ by 1- Ord. No. 932 - NS
ATTACHMENT #2
Item No.11A

Sec. 8- 12. 04 Applications.

Owners shall have the option of applying for either a Records Search Only Report or a Records Search and Inspection Report.

Upon the application of the owner or an authorized agent and the payment of the City fee, as established by resolution of the City Council, the Director of Building and Safety shall review pertinent City records, shall cause, if applied for, an inspection of the premises to be made and shall cause to be delivered, as soon as possible thereafter, to the applicant a report of the residential building records, which report shall contain the following information insofar as it is available:
a) Records Search

1. The street address and assessor' s parcel number of the subject property;

2. The zone classification and authorized use as set forth in this Code;

3. The occupancy as indicated and established by permits of record;

4. Any variances, special use permits, exceptions, or other zoning requirements;

5. Any special restrictions in use or development which may apply to the subject property; and

6. The availability of water and sewer facilities from the City' s system and connection fee requirements.
b) Records Search and Inspection

1. Items, ( 1) through ( 6), as listed under Records Search above.

2. The findings of the Building Inspector as the result of a physical inspection of the premises.

Sec. 8- 12. 05 Delivery of Reports.

If the residential building record report is not waived in accordance with the provisions of this chapter, the owner or his designated represent- tive shall deliver the residential building record report, or cause the residential building record report to be delivered, to the purchaser of the residential building prior to the close of escrow or, if there shall be no escrow, prior to the consummation of the sale or exchange. The purchaser shall execute a receipt for such report or the appropriate waiver form and such report or waiver shall be filed by the owner with the Director of Building and Safety, as evidence of compliance with this chapter.

Sec. 8- 12. 06 Inspection, Corrective Work and Clearances.

The inspection part of the report shall represent the condition of the property on the day of the inspection, as can reasonably be established by the City given time and staff limitations, and shall not include an assessment of quality or workmanship of the residential building nor the working condition of its plumbing, electrical or mechanical systems.

The inspection of the property shall determine the accuracy of City records and the corrective work needed to meet minimum standards to safeguard life or limb, health, property and public welfare.

Unless a hazard to health and safety exists, construction previously approved under prior permits and inspections will not be required to be brought up to current Building Code standards.

Except as otherwise may be indicated, items identified in the inspection report as being in violation of City codes shall be corrected within thirty ( 30) days of receipt of the report.

The City shall make no determination as to who shall be responsible for payment of corrective work but shall give notice to the " owner of record" regarding code violations.

BS/ by - 2- Ord. No. 932 - NS
Item No.11A

Permits shall be obtained for all corrective work necessary to bring the building into compliance with the City' s codes and ordinances. Permit fees, as established by City Council, shall be charged to cover the costs of reinspection of the property.

A report clearance shall be issued upon correction of all violations as noted in the inspection report.

Sec. 8- 12. 07 Validity of Report.

The report shall be valid for six ( 6) months from date of issuance. On vacant property, the report may be renewed, with the approval of the Director of Building and Safety and without fee, for a period of six ( 6) additional months provided there has been no occupancy of the property.

On occupied property, the report may be reissued, with the approval of the Director of Building and Safety for a period of six ( 6) additional months provided the owner of record pays the reissuance fee, as established by City Council, and signs and delivers to the Director, an affidavit stating that there has been no alteration of the property since the last inspection of the premises. An inspection of the property may be performed at the discretion of the Director.

Sec. 8- 12. 08 Exceptions.

The provisions of this chapter shall not apply to the first sale of a residential building unless the building has been occupied, as evidenced by the fact that, prior to the first sale, utility clearances have been requested from and given by, the Department of Building and Safety for the building.

None of the provisions of this chapter shall be deemed to impose any duties, obligations, liabilities, or responsibilities on the part of any escrow holder to any owner, purchaser, transferee, or seller of any residential building or to any person, firm, or entity.

Sec. 8- 12. 09 Liability.

Any employee charged with the enforcement of the provisions of this chapter, acting in good faith and without malice for the City in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him in the enforcement of any provision of this chapter shall be defended by the City until final termination of such proceedings, and any judgement resulting therefrom shall be assumed by the City.

Sec. 8- 12. 10 Violations: Penalties.
a) Anyone convicted of knowingly violating the provisions of this chapter shall be guilty of a violation of this Code pursuant to Section 1- 2. 01 of Chapter 2 of Title 1 of this Code.
b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for the rescission of such sale or exchange in the absence of the provisions of this chapter.

BS/ by 3- Ord. No. 932 - NS
Item No.11A

Sec. 8- 12. 11 Refunds.

Requests for refunds shall be in writing to the Director of Building and Safety. Refunds shall be issued based upon staff time and City costs involved. Where initial application is received but no processing begun, 80% of the fee may be refunded; where the records search has been completed, whether typed or not, 50% of the fee may be refunded; where all work has been completed, there shall be no refund of fee. A refund of 100% may be approved by the Director of Building and Safety where the application has been filed in error.

In order for refunds to be issued, requests shall be made within six ( 6) months from date of application for Report of Residential Records.

PASSED AND ADOPTED this 2nd day of September 4 6.

TTES
Nan y A illon, City Clerk
APPII VED AS ORM:

Alex lore, Mar
City of Thousand Oaks, California
MarkG. Sellers, City Attorney
APPROVED AS TO ADMINISTRATION:

Grant R. Brimhal , , y Manager

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.

CITY OF THOUSAND OAKS )
I, NANCY A. DILLON, City Clerk of the City of Thousand Oaks, DO HEREBYCERTIFY that the foregoing is a full, true, and correct copy of Ordinance No. 932 - NS, that was introduced by said City Council at a regular meeting held July 22, 1986, and adopted by said City Council at a regular meeting held September 2, 1986, by the following vote:

AYES: Councilmembers Schillo, Laxdal, Schaefer, Horner and Mayor Fiore NOES: None
ABSENT: None
I further certify that said Ordinance No. 932 - NS was published as required by law in the NEWSCHRONICLE, a newspaper of general circulation printed and published in said City.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed, the official seal of the City of Thousand Oaks, California.

BS/ by
Nan y A. Di lon, City Clerk
City of` Thousand Oaks, California
4- Ord. No. 932 - NS
Item No.11A

October 27, 1986
Per City Attorney Sellers, Ordinance Nos. 933 and 934 are uncodified and not incorporated in the City of Thousand Oaks Municipal Code.

Nancy( A. llon, City Clerk
Thousand aks, California
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 2.docx \pz [FILE ID: MCA-2023-70002]
Item No.11A

2/22/23, 10:43 AM https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ 1/4 CHAPTER 12. REPORTS OF RESIDENTIAL RECORDS*
* Chapter 12 entitled “Reports of Residential Building Records,” codified from Ordinance No. 223-NS, as amended by Ordinance Nos. 246-NS, 369-NS, 579-NS and 770-NS, repealed by Section 1, Ordinance No. 932-NS, effective September 2, 1986.

Sec. 8-12.01. Intent.

Pursuant to Government Code Section 38780 et seq., it is the intent of this chapter to assure that the purchaser of a residential building within the City be given the opportunity to be furnished with a report of matters of City record pertaining to the authorized use, occupancy and zoning classification of real property prior to its sale or exchange.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.02. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Agreement of sale” shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner. (b) “Owner” shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (c) “Owner of Record” shall mean the person having title to the property at any given point in time, and may mean either the buyer or seller depending upon the timing of transfer of title. (d) “Residential building” shall mean any improved real property, designed or permitted to be used for dwelling purposes, situated in the City and shall include the buildings or structures located on such improved real property such as single-family dwellings, condominiums, and townhomes. (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.03. Reports required.

At the time of entering into an agreement of sale or exchange of any residential building, the owner or an authorized representative shall inform the purchaser of the owner’s obligation to obtain from the City a report of the residential building records, paid for by the owner, prior to the consummation of the sale showing the regularly authorized use, occupancy and zoning classification of such property.

No seller shall cause an escrow to close until a receipt for such report is filed with the escrow holder and the Building Official. Where an escrow is not used, the receipt shall be filed with the Building Official.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.04. Applications.

Owner or purchaser shall have the option of obtaining a City Inspection Report in addition to the Records Search Report.

Upon the application of the owner or an authorized agent and the payment of the City fee, as established by resolution of the City Council, the Building Official shall review pertinent City records, ATTACHMENT #3
Item No.11A

2/22/23, 10:43 AM https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ 2/4 shall cause, if applied for and paid for by the purchaser, an inspection of the premises to be made and shall cause to be delivered, as soon as possible thereafter, to the applicant a report of the residential building records, which report shall contain the following information insofar as it is available:
(a) Records search.
(1) The street address and assessor’s parcel number of the subject property; (2) The zone classification and authorized use as set forth in this Code; (3) The occupancy as indicated and established by permits of record; (4) Any variances, special use permits, exceptions or other zoning requirements; (5) Any special restrictions in use or development which may apply to the subject property; (6) The availability of water and sewer facilities from the City’s system and connection fee requirements; and
(7) Informational material explaining when permits from the City are needed. Diagrams and explanations for proper installation of commonly occurring improperly installed work. (b) Records search and inspection.
(1) Items (1) through (6), as listed under Records Search above. (2) The findings of the Building Inspector as the result of a physical inspection of the premises. (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.05. Delivery of reports.

The owner or his designated representative shall deliver the residential building record report, or cause the residential building record report to be delivered to the purchaser of the residential building prior to the close of escrow or, if there shall be no escrow, prior to the consummation of the sale or exchange. The purchaser shall execute a receipt for such report and such report shall be filed by the owner with the Building Official, as evidence of compliance with this chapter. (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.06. Inspection, corrective work and clearances.

The inspection of the property shall determine the accuracy of City records and the corrective work needed to meet minimum standards to safeguard life or limb, health, property and public welfare.

Unless a hazard to health and safety exists, construction previously approved under prior permits and inspections will not be required to be brought up to current Building Code Standards.

Except as otherwise may be indicated, items identified in the inspection report as being in violation of City codes shall be corrected within thirty (30) days of receipt of the report.

The City shall make no determination as to who shall be responsible for payment of corrective work but shall give notice to the “owner of record” regarding code violations.

Permits shall be obtained for all corrective work necessary to bring the building into compliance with the City’s codes and ordinances. Permit fees, as established by City Council, shall be charged to Item No.11A

A report clearance shall be issued upon correction of all violations as noted in the inspection report. (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.07. Validity of report.

The report shall be valid for six (6) months from date of issuance. On vacant property, the report may be renewed, with the approval of the Community Development Director and without fee, for a period of six (6) additional months provided the owner of record pays the reissuance fee, as established by City Council, and delivers to the Director, an affidavit staling that there has been no alteration of the property since the last inspection of the premises. An inspection of the property may be performed at the discretion of the Director.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.08. Exceptions.

None of the provisions of this chapter shall be deemed to impose any duties, obligations, liabilities or responsibilities on the part of any escrow holder to any owner, purchaser, transferee or seller of any residential building or to any person, firm or entity.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.09. Liability.

Any employee charged with the enforcement of the provisions of this chapter, acting in good faith and without malice for the City in discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this chapter shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City. (§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.10. Violations: Penalties.
(a) Anyone convicted of knowingly violating the provisions of this chapter shall be guilty of a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 of this Code. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for the rescission of such sale or exchange in the absence of the provisions of this chapter.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) Sec. 8-12.11. Refunds.

Requests for refunds shall be in writing to the Building Official. Refunds shall be issued based upon staff time and City costs involved. Where initial application is received but no processing begun, eighty (80%) percent the fee may be refunded; where the records search has been completed, whether Item No.11A

2/22/23, 10:43 AM https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ https://export.amlegal.com/api/export-requests/c0c2959d-d221-4595-aa96-ab4d597623f7/download/ 4/4 typed or not, fifty (50%) percent of the fee may be refunded; where all work has been completed, there shall be no refund of fee. A refund of one hundred (100%) percent may be approved by the Building Official where the application has been filed in error.

In order for refunds to be issued, requests shall be made within six (6) months from date of application for Report of Residential Records.
(§ 2, Ord. 932-NS, eff. September 2, 1986, as amended by § 1, Ord. 1289-NS, eff. August 21, 1997) CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 3.docx\pz [FILE ID: MCA-2023-70002] Item No.11A

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS REPEALING CHAPTER 12 OF TITLE 8

OF THE THOUSAND OAKS MUNICIPAL CODE RELATING
TO REPORTS OF RESIDENTIAL RECORDS (MCA 2023-
70002)
Part 1
WHEREAS, a public hearing concerning the adoption of this ordinance was held on April 4, 2023; and
WHEREAS, notice of such hearing was published as required by law; and WHEREAS, in support of this deletion, the City Council hereby makes the following findings:

1. The City Council, after due consideration, finds and determines that the repeal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.

2. The City Council, after due consideration, finds and determines that, the public may instantly access the information required in Chapter 12 of Title 8 via the self-service portal, or by contacting staff, at no charge and with no wait time.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:

Part 2
Chapter 12 of Title 8 of the Thousand Oaks Municipal Code is hereby repealed in its entirety and the Chapter placement held for future use.

Part 3
(Uncodified)
Continuation
Repeal of any provision of Chapter 12 of Title 8 of the Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and ATTACHMENT #4
Item No.11A

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effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

Part 4
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED this XX day of XXXX, 2023 by the following vote:

Ayes:

Noes:

Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__________________________
Laura B. Maguire, City Clerk
Date Attested: ______________
APPROVE AS TO FORM: APPROVE AS TO ADMINISTRATION:
_________________________ ________________________________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager Item No.11A

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Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.11A

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 4, 2023
SUBJECT: Proposed 27-unit Apartment Complex Expansion
RECOMMENDATION:

1. Adopt resolution to:
a. adopt the Negative Declaration 2021-70893-ND in accordance with the California Environmental Quality Act; and,
b. amend the General Plan designation of Industrial to High-Density Residential 2020-70026-LU; and
c. amend Specific Plan land-use map of Specific Plan 07 to assign a residential land-use category to the site (currently Industrial) 2020-70027- SPA; and
d. approve the Residential Planned Development Permit (2021-70019-RPD) to construct three (3) two-story buildings consisting of a total of 27 apartment units as an extension of the existing Arroyo Villa apartment complex adjacent to the north; and
e. allow minor encroachment within the protected zone of one (1) coast live oak (Quercus agrifolia) and two (2) California sycamore (Platanus racemosa) trees, located off-site but within potential areas of disturbance Protected Tree Permit 2022-70626-PTP.

2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 2022-70511-DAGR.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.

Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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5 7
0 BACKGROUND:

On January 28, 2020, a Residential Capacity Allocation (2019-70742-RCA) and initiation of a General Plan Amendment (2020-70026-LU) for the above project were authorized by City Council, which allocated 27 units thereby allowing the applicant to submit formal applications for the subject apartment complex expansion project.

On May 28, 2020, the applicant began submitting the subject applications, which are listed in the “Recommendation” section of this report.

The proposed project was presented at the Planning Commission hearing on February 27, 2023. During the hearing, several project items were discussed including the requested waiver of the standard dimensions for private outdoor open spaces as well as a request from a Commissioner to modify the affordable units mix to add one additional low or very-low unit. After dialogue with the applicant, the project was not materially amended and the Commission voted 5-0 to recommend approval.

DISCUSSION/ANALYSIS:

This discussion provides a broad overview of the project details. Focused and detailed discussion on project features is contained in the staff report to the Planning Commission of February 27, 2023 (Attachment #1). Included as attachments to the Planning Commission report are:
#1 – Vicinity Map
#2 – Location Map
#3 – Aerial Photo
#4 – Resolution
#5 – Project Plan Set
#6 – Tree Report
#7 – Negative Declaration
#8 – Development Agreement (DA)
#9 – DA Ordinance
Planned Development Permit Submittal
The project site is a vacant 1.57-acre parcel located immediately adjacent and to the north of the property located at 1300 Rancho Conejo Boulevard. Nearby development includes the 354-unit Arroyo Villa Apartment complex adjacent and to the north, industrial development to the south, single-family residences to the east, and an industrial center to the west.

Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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5 7
0 The project involves construction of three (3) apartment buildings, comprising 27 units, reconfigured drive aisles as well as a surface parking area, to connect to the existing apartment complex. In fact, the project would be an extension of the existing Arroyo Villa apartment complex, and upon completion, managed as part of that development; as depicted in the “Project Plans” dated January 13, 2021 (Attachment #1 Planning Commission Packet of February 27, 2023 – Attachment #5). Figure 1 below illustrates the proposed site configuration.

Figure 1: Proposed Site Plan
The unit types include 11 one-bedroom units (about 866 S.F. each), 12 two- bedroom units (about 1,100 to 1,230 S.F. each), and four three-bedroom units (about 1,353 S.F. each). Of the 27 apartments, four units are proposed as moderate-income households, which is an income of up to 120 percent of the Ventura County median income category. Additionally, the project would share the amenities already established on the adjoining Arroyo Villa Apartments site to the north.

Review Process
Procedurally, the process has evolved as envisioned by City Council. That is, Measure E units were allocated for a conceptual land use. Extensive evaluation of the development aspects was then performed. Subsequently, a report was prepared for Planning Commission hearing and public testimony. Planning Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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5 7
0 Commission then made a recommendation to City Council, which is provided in the Resolution to Adopt Recommendation. Ultimately, a decision on the project is the responsibility of City Council.

Throughout the review process, the Applicant team has been responsive and has worked well with staff, resulting in the project before City Council. Overall, the project involves a thoughtful and well-designed site plan, and includes:

1. Cohesive Architectural Design: The project features three, two-story apartment buildings approximately 27 feet in height. The structures are treated with Mediterranean Revival style architecture including arches, multi-pane windows and tile roofs. Building 1 will be oriented towards Rancho Conejo Boulevard with entries, windows, and living area facing the public right of way. Providing entries facing sidewalks and roadways, as well as internal connections to these areas, which enhances the residential impression of the project and promotes walkability of the site ( Figure #2).

2. Recreation Areas: Within the interior outdoor landscaping, there are BBQ facilities and a picnic area. As mentioned, this project will be connected to the adjacent Arroyo Villa complex and will have access to the established amenities contained on that site (Figure #3).

Figure 2: Rendering of Apartments Along Rancho Conejo Boulevard

Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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0 Figure 3: Outdoor BBQ Dining

Walkability
As stated, the primary Building 1 will have living area and entries facing the Rancho Conejo sidewalk and roadway, as well as internal connections to these areas. This orientation enhances the residential impression of the project and promotes walkability of the site. Employment centers are also within walking distance and bus stops are located nearby along Corporate Center Drive. The project area is also a functional extension of the existing Arroyo Villa Apartments and would include interior pedestrian connections throughout the site.

Compatibility with Surrounding Uses
The project is within an urbanized area, with transportation and utility infrastructure in place. Nearby transit services are available with a bus stop located just 315 feet from the site, on Corporate Center Drive. Surrounding uses include the existing Arroyo Villa Apartment complex to the north, single-family residences to the east, and industrial uses to the west (across the street) and to the south.

Access and Circulation
Vehicular Access: Ingress and egress to the site is provided as a two-way driveway access along Rancho Conejo Boulevard at two locations, as well as access off Lawrence Drive. These access points range in size from approximately 40 feet to 82 feet in width and meet the minimum standards of the Thousand Oaks Municipal Code (TOMC) and Ventura County Fire Prevention District requirements.

Pedestrian Access: There are existing public sidewalks along Rancho Conejo Boulevard. A new sidewalk connection will be provided from the site so residents can walk onto and off the property at Rancho Conejo Boulevard.

Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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0 Parcel Merger
Staff requested that the applicant merge the existing developed apartment site with the subject property. A unified property would facilitate the on-site infrastructure and its maintenance, as well as provide unencumbered access to the existing amenities discussed above. Therefore, recordation of a parcel merger combining the subject property with the existing Arroyo Villa Apartments site would be required as a condition of approval compelling recordation prior to issuance of building permits as listed in the Resolution.

Parking
A total of 51 parking spaces are proposed, which meets the TOMC requirements.

Three (3) spaces are proposed to replace any spaces lost due to driveway reconfiguration and connection on the adjacent site, as shown in Table 1:

Table 1: Parking Supply and Demand
Parking Categories Parking Ratio # of Units Parking
Required
Parking
Provided
1 Bedroom 1 space/unit 11 11 11
2 Bedroom 1.5 spaces/unit 12 18 18
3 Bedroom 2 spaces /unit 4 8 8
Sub-Total 37 37
Guest .5 spaces/unit 27 14 14
Total 51 51
Residential parking is primarily provided by the 35 “tuck-under” private parking garages. The remaining required 14 parking spaces are provided as surface parking for the uncovered portion of residential units and guest parking. Parking for the expansion is fully contained on the site being proposed for development. In addition, there are three replacement spaces to be used in conjunction with the existing apartment units.

All parking space dimensions and driveway widths meet the TOMC minimum requirements. The project also provides disabled parking spaces that comply with the Americans with Disabilities Act (ADA), contained in Title 24 of the California Building Code and all applicable State laws.

Community Benefits
The project includes four (4) apartments (15 percent of 27 base units) for moderate-income households (income of 120 percent of Ventura County median Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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5 7
0 income; refer to Table 3). These apartments include two 1-bedroom units and two 2-bedroom units. These units would be dispersed throughout the complex in a yet- to-be-determined mix. The City has an unmet need of providing 532 units in the Moderate-income level during this 6th Regional Housing Needs Assessment cycle, ending in 2029, as shown in Table 2 below.

Table 2: 2022 Ventura County Income Limits (As of May 13, 2022) Table 3: 6th Regional Housing Needs Assessment
Income Categories
Very
Low Low Moderate Above
Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621
An Affordable Housing Agreement that provides for the on-going affordability of the restricted units for 55 years is required. Approval of this project is also subject to execution of an Affordable Housing Covenant between the applicant and the City. The Affordable Housing Agreement and Covenant are subject to review and approval by the Community Development Department and City Attorney’s Office prior to issuance of a grading permit.

It should be noted that although the applicant is providing affordable housing, the project does not seek any waiver of a City’s development standard, as is their right per State Density Bonus Law.
(As of May 13, 2022) 2022 Ventura County Income Limits Annual Income 1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely Low
(15%)
$ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely Low
(30%)
$ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low (50%) $ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower (80%) $ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124,450 $ 132,500 Median (100%) $ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143,100 $ 152,350 Moderate (120%) $ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 171,750 $ 182,800 Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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0 Traffic
Traffic from the project is estimated to result in an average of 15 trips during the PM peak hours. Standard City practice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (VMT) analysis is when a project is expected to generate an additional 100 PM trips over the current land use. Since the proposed project net increase in PM Peak hour trips is 15, a traffic impact study and VMT analysis are not required.

Landscape Plan
The proposed landscape plan will provide enhanced planting in and around the site to provide softscape within the hardscape areas and provide shade coverage for the enjoyment of visitors and residents. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (Figure 4). If the project is approved, a formal landscape plan will be required, and technical evaluation of that plan will be provided through a Landscape Plan Check process to ensure compliance with the City’s landscape and irrigation standards.

Figure 4: Conceptual Landscape Plan
The total parking and vehicle circulation area is about 18,911 S.F. which requires a minimum parking area landscape coverage of 10 percent or about 1,900 S.F. [plus an additional 25 S.F. for each compact space (Sec. 9-4.2404 required per TOMC)]. The plan provides 2,423 S.F. of parking area landscaping or approximately 13 percent of the paved areas. The parking area landscape coverage is only a small portion of the overall site landscaping provided, which is approximately 20,066 square feet.

Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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0 Oak Tree
Although there are no protected trees located on site, there is a protected (1) California Live Oak (Quercus agrifolia) tree (numbered 1 in the report) that resides on the adjacent property at the northwest corner of the subject site. Since there may be potential impacts from construction, encroachment protocols will be followed as addressed below.

Oak Tree Encroachment: Development of the project, as proposed, may encroach on the root zone of the one (1) California Live Oak tree, which is located at the perimeter corner of the site. An evaluation of the health and appearance of the tree is included in the Oak and Landmark Tree Report. (Attachment #1 Planning Commission Packet of February 27, 2023 - Attachment #6 Tree Report). This tree has a diameter of 14 inches and is in good health. The applicant’s arborist report, which is supported by City’s consulting arborist, recommends careful “pre-cutting” of roots closest to the proposed project with hand tools to prepare it for any encroachment that may occur.

Landmark Trees
Similar to the Oak tree discussion above, there are two (2) California sycamore (Platanus racemosa) trees (numbered 13 and 14 in the arborist’s report) located off-site, just beyond the property line to the northeast. These are relatively close to the proposed development and have canopies that overhang on to the subject site. Since there may be potential impacts from construction, potential encroachment has been addressed as provided below.

Landmark Trees Encroachment: Proposed improvements, may likely encroach on the root zone of the two (2) California sycamore trees, which are located at the northeast perimeter of the site. The trees are approximately 12-14 inches in diameter and in good health. The Oak and Landmark Tree Report finds there would be little impact to the trees if the canopies are trimmed back and exploratory hand tool digging around the roots is done to identify any critical roots before construction begins. Both measures included in the arborist report for the Landmark and Oak trees are included in the recommended conditions of approval.

Community Outreach
Staff received one email opposing the project based on an aversion to additional “construction or traffic in our area.” The Negative Declaration addresses the associated construction activities and has determined it would be “less than significant.” In addition, there are conditions of approval that limit construction activity, associated noise, hours of operation, and trips made by construction Item No.11B

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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5 7
0 equipment. Also, it should be noted that the project does not create a new “curb- cut” or access to the public right-of-way, but rather utilizes established entry and exit points to the overall complex. Further, the future vehicle trips generated by this proposal are well below the thresholds requiring a traffic analysis.

Notification for this hearing, and the Planning Commission hearing, was conducted in compliance with the TOMC. See Attachment #2 for Public Correspondence.

Environmental Review (CEQA)
In accordance with the California Environmental Quality Act (CEQA), a comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project did not have a significant effect on the environment, therefore a Negative Declaration was prepared for the project (Documents Under Separate Cover - Arroyo Villa Apartments Expansion Project Negative Declaration 2021-70893-ND:
https://www.toaks.org/departments/community-development/planning/environmental- impact).

A Notice of Intent to Adopt a Negative Declaration was posted with a 30-day public review period for the proposed Negative Declaration between November 18, 2022 and December 19, 2022. One comment was received from Ventura County Air Pollution Control District (VCAPCD) requesting clarification and correction of Air Quality measures. This request was adequately addressed in the revised draft Negative Declaration; therefore, staff is recommending adoption of the Negative Declaration (ND 2021-70893) for the project.

Development Agreement
A Development Agreement (DAGR) is required for approval of projects that receive allocation of Measure E units (Attachment #3). This agreement is a contract between the property owner and City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units, site improvements, and certain number of residential units. TOMC Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the TOMC that identifies the parties’ rights, responsibilities and both public and private benefits expected from entering into such an agreement. The DAGR is adopted through an ordinance (Attachment #4).

Proposed 27-unit Apartment Complex Expansion
April 4, 2023

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0 the General Plan Amendment, the requisite Measure E unit allocation required to build the residential complex, a set fee rate for many City fees related to the construction of the project that assists the Applicant in estimating construction costs, and other benefits.

Further, by adoption of the City Council Resolution (Attachment #5), City Council would approve the applications in association with the project and impose the Conditions of Approval contained within the document.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.

PREPARED BY: Nizar Slim, Senior Planner
Attachments:

Attachment #1 – Planning Commission Staff Report
Attachment #2 – Public Correspondence
Attachment #3 – Development Agreement
Attachment #4 – DAGR (2022-70511-DAGR) Ordinance
Attachment #5 – City Council Resolution
Documents Provided Under Separate Cover:

Document #1 – Arroyo Villa Apartments Expansion Project Negative Declaration 2021-70893-ND located: https://www.toaks.org/departments/community- development/planning/environmental-impact
cdd:600-60/420-78\H:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Staff Report/pz (FILE ID: 2022- 70511-DAGR)
Item No.11B

TO: P
lanning Commission
FROM: Stephen Kearns, Planning Division Manager
DATE: February 27, 2023
SUBJECT: Proposed 27-unit Apar tment Complex Extension.

General Plan Amendment 2020-70026-LU; Specific Plan
Amendment 2020-70027-SPA; Planned Residential
Development Permit 2021-70019-RPD; Development
Agreement 2022-70511-DAGR; Pr otected Tree Permit 2022- 70626-PTP; and Negative Declaration 2021-70893-ND
APPLICANT: Shapell Properties, Inc.

LOCATION: Rancho Conejo Boulevard and Corporate Center Drive (APN # 667-0-173-025) Adjacent to and north of 1300 Rancho Conejo Boulevard
RECOMMENDATION:

Recommend City Council adopt the Negative Declaration in accord ance with the California Environmental Quality Act; and approve the below listed requests based on the findings and subject to the recommended conditions of approval.

The request involves the following applications to allow a sout herly extension of an existing apartment complex. T he new buildings consist of 27 units, including four affordable units, distri buted throughout three buildings w ith reconfigured drive aisle and 54 additional parking spaces:

1. General Plan Land Use Am endment 2020-70026-LU: Amend the General Plan designation of Industrial to High-Density Residential.

2. Development Agreement 2022-70511- DAGR: Establish specific standards and community benefits for the construction of the proposed mul ti-family residential apartment complex expansion.

3. Residential Planned Development Permit 2021-70019-RPD: Cons truction of three (3) two-story buildings consisting of a total 27 apartment units, reconfiguring drive aisles and an addition of 54 parking spaces to the site.

ATTACHMENT #1
Item No.11B

Shapell Properties, Inc. (2021-70893-ND/2021-70019-RPD) February 27, 2023

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The added areas and buildings e xtend the existing Arroyo Villa apartment complex adjacent to the north.

4. Specific Plan (SP) Amendm ent 2020-70027-SPA: Amend SP-07 to establish specific development standards and amend the SP land- use map to assign a residential land-use category to the site (curr ently Industrial).

5. Protected Tree Permit 2022-70626-PTP: Allow minor encroachm ent within the protected zone of one (1) coast live oak (Quercus agrifolia) and two (2) California sycamore ( Platanus racemosa) trees, located off-site but within potential areas of disturbance.

6. Negative Declaration 2021-7089 3-ND: Adopt the Negative Decl aration in accordance with the California Environmental Quality Act (CEQA).

BACKGROUND
Project Site
The
project site is a vacant 1.57-acre parcel located directly east of the “T” intersection of Rancho Conejo B oulevard and Corporate Center Dr ive, immediately adjacent and north of the site located at 1300 Ranc ho Conejo Boulevard. Nearby development includes the 354-unit Arroyo Vill a Apartment complex adjacent and to the north, low-intensity industrial dev elopment to the south, and Single-Family residences to the east, and an industrial center to the west (Attachments #1-3). The pr oject would be an extension of the existing Arroyo Villa apartment complex, and upon completion, managed as part of that development.

The site was previously graded but remains undeveloped with som e nonprotected vegetation sparsely distributed on the property.

On January 28, 2019, a Residentia l Capacity Allocation (RCA 201 9-70742) and initiation of a General Plan Am endment (LU 2020-70026) for the above project was authorized by City Council, which allocated 27 units thereb y allowing the applicant to submit formal applic ations for the apartment compl ex expansion project.

On September 22, 2021, a Pre-App lication meeting (PAR 2020-7042 0) was conducted with the applicant.

Item No.11B

Shapell Properties, Inc. (2021-70893-ND/2021-70019-RPD) February 27, 2023

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On May 28, 2020, the applicant began submitting the subject app lications, which are listed in the “Recommendation” section of this report.

PLANNING COMMISSION REVIEW
The
subject request involves a Measure E allocation project loc ated outside the Thousand Oaks Boulevard Specific Plan (SP-20). Typically, decis ions on Development Permits are rendered by the Planning Commission, wi th City Council consideration if a Planning Commission decision is appe a l e d . I n t h i s case, the project is in the “prescreen” procedure, which specif ies that City Council evaluate a concept as an initial step to allocate residential units, and then proceed through the city review st eps. The process also includ es filing of a preapplication for comments from various agencies, formal appli cations for evaluation and recommendation to the Planning Commission, then recommendation from the Planning Commission to City Council on the project, with final decision to approve or deny the project by City Coun cil. The applicant has satisfied all requisite steps and, at this stage, the Plann ing Commission’s role on this item is to make a recommendation to City Council.

At this stage in the process, t he Planning Commission is reques ted to adopt the attached Resolution (Attachment #4) recommending adoption of th e Negative Declaration and approval of the project to City Council.

GENERAL PLAN AND ZONING
The current request for apartments requires a General Plan Amen dment to change the Industrial land use designation to a High-Density Re sidential (15-30 dwelling units/acre) designati on to accommodate the proposed re sidential development.

SPECIFIC PLAN AMENDMENT
The proposed Specific Plan Am endment will amend the Specific Pl an land use map to residential to allow for the apartment project.

EVALUATION:

Project Summary
The project involves construction of three (3) apartment buildings, comprising 27- units, reconfigured drive aisles as well as a surface parking a rea, to connect to the existing apartment complex; all depicted in the “Project Pl ans” dated January Item No.11B

Shapell Properties, Inc. (2021-70893-ND/2021-70019-RPD) February 27, 2023

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13, 2021 (Attachment #5). Figure 1 below illustrates the propos ed site configuration.

Figure 1: Proposed Site Plan
The
unit types include (11) one-bedroom units (about 866 s.f. each), (12) two- bedroom units (about 1,100 to 1, 230 s.f. each) and (4) three-bedroom units (about 1,353 s.f. each). Of the 27 apartments, 4 units are proposed as moderate- income households which is an income of up to 120 percent of th e Ventura County median income category. A dditionally, the project would share the amenities already established on the adjoining Arroyo Villa Apartments site to the north.

Compatibility with Surrounding Uses
The project is within an urbanized area, with transportation an d utility infrastructure in place. Nearby T ransit services are available with a bus stop located just 315 feet of the site, on Corporate Center Drive. S urrounding uses include open space, and the exis ting Arroyo Villa Apartment com plex to the north, single-family residences to the east, and industrial use s to the west (across the street) and to the south.

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Building Form
The three, two-story apartment b uildings will be approximately 27 feet in height.

Building 1 will be oriented towa rds Rancho Conejo Boulevard wit h entries, windows, and living area facing the public right of way. Provid ing entries facing sidewalks and roadways as well as internal connections to these a r e a s , enhances the residential impressi on of the project and promotes walkability of the site. The other two interior buildings similar in design an d height, will be situated to best integrate the additional units to the existing multi-dwelling development.

Amenities
The proposed apartment unit expansio n includes outdoor amenitie s such as an outdoor BBQ dining area and an open landscaped space for passiv e recreation (see Figure 2 below). However, since this is an extension of an existing apartment complex, all residents would have access to all the a menities located throughout the complex, include the new seating areas, pool, sp a, fitness center and playground.

Figure 2: Outdoor BBQ Dining
Architectural Design
Architecturally,
the project is a Mediterranean Revival style. This theme includes stucco, clay tile roofing, and multi-pane windows. The building size, mass, and scale complements the existing surrounding development to the n orth of the project site. Design features incorporated into the general building design include varying façade elements such as archways, recessed second story walkways, and balconies, which result in a visually interesting and attra ctive design. The project meets the City’s Architectural Design Guidelines by usi ng unified design elements throughout the development (see Figure 3).

Item No.11B

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Figure 3: Rendering of Apartments Along Rancho Conejo Boulevard Common Open Space
The
proposal includes an outdoor BBQ dining area with adjacent open turf area.

In addition, to new areas provided by the proposed development would be connected to a well-established multifamily complex that provid es common open areas. The proposed open space areas will further the opportuni ties for residents to gather and build a sense of community.

Private Usable Open Space
Thousand
Oaks Municipal Code (TOMC) Section 9-4.904(e)(5) requi res that apartments provide a patio or bal cony area of at least 100 s.f. , with a minimum dimension of 7’-0” and direct access to the unit. However, the Planning Commission may approve, or in this case recommend approval, of any dimension or square footage, as c an a specific plan. In this ca se, the specific plan defers to the TOMC planning code; therefore, for the proje ct to move forward as designed, the Planning Commission would need to also recommend waiver of both standards to City Council.

All units include a private balco ny or terrace. Although some u nits meet the minimum dimension of seven feet (7’), others are about six feet (6’). These open spaces maintain a total squar e footage averaging 66-77 square f eet and at least 21 units have a private outdoor space with a minimum dimension of eleven feet.

In general, based on the square footage and usable configurations of the spaces, they are meeting the intent of th e TOMC by providing ample priv ate open space Item No.11B

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(see Table 1 below). Additionally, the proposed and existing ( Arroyo Villa Apartments) on-site common open space areas that are available for use by the residents, would augment recreational opportunities.

Table 1: Private Usable Open Space by Unit Type
Number of Units Unit Type
Private
Balcony/Terrace Size
(s.f.)
11 1-Bedroom 66
12 2-Bedroom 66-70
4 3-Bedroom 77
Access and Circulation
Vehicular Access : Ingress and egress to the site is provided as a two-way driveway access along Rancho Cone jo. This access is approximate ly 82 feet in width and meets the minimum standards of the TOMC and Fire Prev ention District requirements.

Pedestrian Access : There are existing public s idewalks along Rancho Conejo Boulevard. A new sidewalk c onnection will be provided from the site so that residents can walk onto and off the property at Rancho Conejo Boulevard.

Walkability
The project includes adding walkways within and along the site for pedestrian connectivity with the existing apartment development. As mentioned, a new walkway is being proposed to connect the new expansion with the existing Rancho Conejo Boulevard sidewalk.

The project is adjacent to and within walking distance of sever al commercial and industrial centers offering an a rray of employment opportunitie s, limiting the number of vehicle trips from the project and reducing greenhouse gases.

Parcel Merger
A
seamless connection to the existing apartment village is most desirable. A unified property would facilitate the on-site infrastructure and its maintenance, as well as provide unencumbered access to the existing amenities discussed above.

Therefore, recordation of a parcel merger combining the subject property with the existing Arroyo Villa Apartments site, would be required as a c ondition of approval as listed in the Resolution.

Item No.11B

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Parking
A total of 54 parking spaces are proposed, which exceeds the TO MC requirement of 51 spaces by 3 spaces, as shown in Table 2:

Table 2: Parking Supply and Demand
Parking Categories Parking Ratio # of Units Parking
Required
Parking
Provided
1 Bedroom 1 space/unit 11 11
2 Bedroom 1.5 spaces/unit 12 18
3 Bedroom 2 spaces /unit 4 8
Sub-Total 37 37
Guest .5 spaces/unit 27 14 17
Total 51 54
Residential
parking is primarily provided by the 35 “tuck-under ” private parking garages. The remaining required 16 parking spaces are provided as surface parking for the uncovered portion of residential units and gues t parking. Parking for the expansion is fully contained on the site being proposed for development.

In addition, there are three extra spaces to be used in conjunction with the exiting apartment units.

All parking space dimensions, and driveway widths meet the TOMC minimum requirements. The project also provides disabled parking space s that comply with the Americans with Disabilit ies Act (ADA), contained in Ti tle 24 of the California Building Code and all applicable State laws.

COMMUNITY BENEFITS
Affordable Housing
The project includes 4 apartments (15% of 27 base units) for moderate-income residents (income of 120 percent o f Ventura County median incom e ; r e f e r t o Table 3). These apartments include, two 1-bedroom units, and tw o 2-bedroom units. These units would be dispersed throughout the complex in a y e t t o b e determined mix. The city has an unmet need of providing 532 uni ts in the Moderate-income level during this 6 th Regional Housing Needs Assessment cycle, ending in 2029, as shown in Table 4 below.

Item No.11B

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Table 3: 2022 Ventura County Income Limits
Table 4: 6th Regional Housing Needs Assessment
Income Categories
Very
Low Low Moderate Above
Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621
An
Affordable Housing Agreement t hat provides for the on-going affordability of the restricted units for 55 years is required. Approval of this project is also subject to execution of an Affordable Ho using Covenant between the appl icant and the City. The Affordable Housing Agr eement and Covenant are subjec t to review and approval by the Community Dev elopment Department and City Attorney’s office prior to issuance of a grading permit.

It should be noted that although the applicant is providing affordable housing, the project does not seek any waiver of a City of Thousand Oaks dev elopment standard, as is their right per State Density Bonus Law.

Grading
Grading
involves export of approx imately 525 cubic yards (c.y.) , due to excavation for the foundations of the three buildings, as well as some leveling of the site. Using a capacity of 14 c.y. per truck, it is estimated that 38 truck trips will be necessary to haul away the dirt. The applicant will be requ ired to provide a haul route and management plan to t he Public Works Department for review and approval prior to commencing grading activities. Grading activi ties do not involve impacts to 25% or greater natural terrain.
(As of May 13, 2022) 2022 Ventura County Income Limits Annual
Income
1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely
Low
(15%)
$ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely
Low
(30%)
$ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low
(50%)
$ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower
(80%)
$ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124, 450 $ 132,500 Median
(100%)
$ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143,100 $ 152,350 Moderate
(120%)
$ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 17 1,750 $ 182,800 Item No.11B

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Vehicle and Bicycle Parking Accommodations
The site provides on-site parking for vehicles while accommodat ing and encouraging other transportation methods. Amenities to be included on-site bicycle racks for visitors and dedicated bicycle corals for ten ants. It should be noted that the site will also be required to provide infrastruc t u r e f o r e l e c t r i c vehicle charging stations.

Traffic
Traffic from the project is est imated to result in an average o f 15 trips during the P.M. Peak hours. Standard City pr actice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (VMT) analys is is when a project is expected to generat e an additional 100 PM trips over the current land use. Since the proposed project net increase in PM Peak hour tr ips is 15 trips, neither a traffic impact study nor a VMT analysis is not required.

Landscape Plan
The proposed landscape plan will provide enhanced planting in a nd around the site to provide softscape within the hardscape areas, provide s hade coverage, and for the enjoyment of visitors and residents. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (Figure 4).

If the project is approved, a formal landscape plan will be req uired, and technical evaluation of that plan will be provided through a Landscape Plan Check process to ensure compliance with the city’s landscape and irrigation standards.

Figure 4: Conceptual Landscape Plan
Item No.11B

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The total parking and vehicle circulation area is about 18,911 S.F. which requires a minimum parking area landscape coverage of 10% or about 1,900 S.F. (plus an additional 25 S.F. for each co mpact space (Sec. 9-4.2404 required per TOMC). The plan provides 2,423 S.F. of parking area landscaping o r approximately 13% of the paved areas. The parking area landscape coverage is only a small portion of the overall site landscaping provided w hich is approximately 20,066 square feet.

Oak Tree
Although there are no protected trees located on site, there is a p r o t e c t e d ( 1 ) California live oak (Quercus agrifolia) tree (numbered 1 in the report) that resides on the adjacent property at the nor thwest corner of the subject site. Since there may be potential impacts from cons truction, encroachment protoc ols will be followed as addressed below.

Encroachment: Development of the project, as proposed, may encroach on the root zone of the one (1) California Live Oak tree, which is loc ated at the perimeter corner of the site. An evaluation of the health and a ppearance of the tree is included in the Oak and Landmark Tree Report (Attachment #6). This tree has a diameter of 14 inches and is in good health. The applicant’s arborist report, which is supported by City’s consulting arborist, recommends ca reful “pre- cutting” of roots closest to the proposed project with hand too ls to prepare it for any encroachment that may occur.

Landmark Trees
Similar to the Oak tree discussion above, there are two (2) Cal ifornia sycamore (Platanus racemosa) trees (numbered 13 and 14 in the arborists report) located off-site, just beyond the property line to the northeast. These are relatively close to the proposed development and hav e canopies that overhang on to the subject site. Since there may be potential impacts from construction, potential encroachment has been addressed as provided below.

Encroachment: Proposed improvements, may likely encroach on the root zone o f the two (2) California sycamores trees, which are located at th e northeast perimeter of the site. The trees are approximately 12-14 inches in diameter and in good health. The Oak and Landmark Tree Report finds there would be little impact to the trees if the canopies are trimmed back and explor atory hand tool digging around the roots is done to identify any critical roots before construction begins. Both measures included in the arborist report for the L andmark and Oak trees are included in the recommended conditions of approval.

Item No.11B

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Community Input
Staff
received one email opposing the project based on an avers ion to additional “construction or traffic in our a rea”. The Negative Declaratio n addresses the associated construction activities and has determined it would be “less than significant”. In addition, there are conditions of approval tha t limit construction activity, associated noise, hours of operation and trips made b y construction equipment. Also, it should be noted that the project does not create a new “curb- cut” or access to the public right -of-way, but rather utilizes an established entry and exist point to the overall co mplex. Further, the future vehicle trips generated by this proposal is well below the thresholds requiring a traffic analysis.

A Notice of Intent to Adopt a N egative Declaration was posted w ith a 30-day public review period for the proposed Negative Declaration betw een November 18, 2022, and December 19, 2022. O ne comment was received from Ventura Air Quality requesting clarificati on and correction of Air Quality measures. This request was adequately addressed in the revised draft Negative Declaration; therefore, staff is recommending adoption of the Negative Decla ration (2021- 70893-ND) for the project.

Development Agreement
A Development Agreement (“DAGR”) is required for approval of pr ojects that receive allocation of Measure E units (Attachment #8). This ag reement is a contract between the property owner and City to ensure specific deliverables and site expectations are in place to ensure public benefit, such a s the inclusion of affordable units, site improvements, and certain number of resi dential units.

Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s repr esentatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies the parties’ rights, responsibil ities and both public and private benefits expected from entering into such an agreement.

Item No.11B

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The DAGR lists various benefits received by the parties in the Agreement. If the project is approved and constructed as planned, the City will h ave an additional 23 market-rate and 4 affordable units in its residential stock. The applicant receives the General Plan Amendm ent, the requisite Measure E un it allocation required to build the residential complex, a specific time peri od to construct the project, a set fee rate for many City fees related to the const ruction of the project that assists the Applicant in estimating construction costs, and other benefits.

CONCLUSION:

The proposed project has a cohesive architectural design, meets the City’s Architectural Design Guidelines, provides residential units to the City’s housing needs and includes pedestrian-oriented site plan that emphasize s public and private exterior spaces. Staff therefore recommends Planning Commission recommend approval of the project based on the findings and sub ject to the conditions of approval in the attached Resolution (Attachments #4) and DA Ordinance (Attachment #9).

PREPARED BY: Nizar Slim, Senior Planner
Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5 – Project Plan Set
Attachment #6 – Tree Report
Attachment #7 – Negative Declaration
Attachment #8 – Development Agreement
Attachment #9 – DA Ordinance
cdd:420-78/Planning Commission/Agenda Packet/2023/2023-02-27/Sh apell/07A Shapell 2021-70019 Staff Report/pz (FILE ID: 2021-70019-RPD)
Item No.11B

WL y n nR d
W Hillcrest Dr
Borchard Rd
Wendy Dr
Old Conejo Rd
2020-70026-LU, 2022-70511-DAGR, 2021-70019-RPD,
2020-70027-SPA, 2022-70626-PTP, 2021-70893-ND
Shapell Properties, Inc.

Vicinity Map
U:\cdcjansen\_Case Maps\2021\2021-70019-RPD-Shapell\2021-70019-RPD-Shapell.aprx 0 2,000 4,0001,000
Feet
Site
City of Thousand Oaks
Community Development Department
ATTACHMENT #1
cdd:420-78/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 1/pz (FILE ID: 2021-70019-RPD)
(To the 2/27/2023 PC Meeting)
Item No.11B

Warble Ct
Nutcra
cker C
t
Pine Creek Ct
Harrier Ct
Sappanwood Ave
Sea
breeze
St
Rock
Sprin
gSt
Brush Oak Ct
Cami
noOlmo
Anchor Ct
Sapphire Dra
go
nS
t
Oak T
rail
St
Ranch
o
Conej
oCorporate Center Dr
Lawrence Dr
P achino Cir
2020-70026-LU, 2022-70511-DAGR, 2021-70019-RPD,
2020-70027-SPA, 2022-70626-PTP, 2021-70893-ND
Shapell Properties, Inc.

Location Map
U:\cdcjansen\_Case Maps\2021\2021-70019-RPD-Shapell\2021-70019-RPD-Shapell.aprx City of Thousand Oaks
Community Development Department
0 300 600150
Feet
Subject
Property
ATTACHMENT #2
cdd:420-78/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 2/pz (FILE ID: 2021-70019-RPD)
(To the 2/27/2023 PC Meeting)
Item No.11B

Ran
cho Conejo
Pachino Cir Sapphire Dragon St
2020-70026-LU, 2022-70511-DAGR, 2021-70019-RPD,
2020-70027-SPA, 2022-70626-PTP, 2021-70893-ND
Shapell Properties, Inc.

Aerial Map
U:\cdcjansen\_Case Maps\2021\2021-70019-RPD-Shapell\2021-70019-RPD-Shapell.aprx City of Thousand Oaks
Community Development Department
0 75 150 22537.5
Feet
Subject
Property
ATTACHMENT #3
cdd:420-78/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 3/pz (FILE ID: 2021-70019-RPD)
(To the 2/27/2023 PC Meeting)
Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 1 ends

CITY OF THOUSAND OAKS
P

LANNING COMMISSION
R
ESOLUTION NO. _____PC
A

RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING APPROVAL TO CITY COUNCIL A
GENERAL PLAN AMENDMENT ; SPECIFIC PLAN
AMENDMENT; RESIDENTIAL PLANNED
DEVELOPMENT PERMIT; DEVELOPEMNT
AGREEMENT; PROTECTED TREE PERMIT; AND

ADOPTION OF NEGATIVE DECLARATION FOR THE

USE OF CERTAIN PROPERTY WITHIN SAID CITY
A
pplications. General Plan Amendment 2020-70026-LU; Specific Plan Amendment 2020 -70027-SPA; Residential Planned
Development Permit 2021-70019-RPD; Development Agreement 2022-70511-DAGR; Protected Tree Permit 2022- 70626-PTP; and Negative Declaration 2021-70893-ND
A
pplicant: Shapell Properties, Inc.

Loc
ation: Rancho Conejo Boulevard and Corporate Center Drive (APN # 667-0-173-025) Adjacent and to the North of 1300 Rancho Conejo Boulevard.

SECTION 1
T
he Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

W
HEREAS, the applicant has filed with the City an application under the provisions of the City of Thousand Oaks Municipal Code requesting the following:

1. 202
0-70026-LU: Amend the General Plan designation of Industrial to High- Density Residential.

2. 2022-70
511-DAGR: Establish specific standards and community benefits for the expansion of the multi-family residential apartment complex.

3. 202
1-70019-RPD: Construction of three (3) two- story buildings consisting of 27 apartment unit s, reconfiguring drive aisles , and an addition of 54 parking spaces to the site. The added areas and buildings extend the existing Arroyo Villa apartment complex adjacent to the north.

ATTACHMENT #4
(To the 2/27/2023 PC Meeting)
Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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4. 2020-70027-SPA: Amend SP-07 to amend the Specific Plan land-use map to change the existing Industrial designation to Residential . This would be the 17th amendment to SP- 07.

5. 2022-70626-PTP: Allow minor encroachment of one (1) coast live oak (Quercus agrifolia) and two (2) California Sycamores (Platanus racemosa) trees, located outside the property but within potential areas of disturbance.

6. 2021-70893-ND: Adopt the Negative Declaration in accordance with the California Environmental Quality Act (CEQA).

WHEREAS, on July 15, 2021, a Notice of Application was mailed to all property owners and occupants within a 500- foot radius of the subject property ; and

WHEREAS, on July 15, 2021, a Notice of Application sign was posted on the subject property; and

WHEREAS, on February 13, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500- foot radius of the subject site; and

WHEREAS, on February 13, 2023, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation withi n the City of Thousand Oaks; and

WHEREAS, the Planning Commission, upon giving the required notice, did, on the 27
th day of February 2023, conduct a duly -advertised public hearing as prescribed by law to consider said application; and

WHEREAS, at the February 27, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2

WHEREAS, the finding of the Planning Commission recommending approval of said 2020-70026-LU is as follows:

1. The General Plan Amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the subject property will have a High-density Residential Land Use designation and located within the proposed Specific Plan 07 , which al lows the proposed use of multi-family dwellings.

Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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SECTION 3

WHEREAS, the findings of the Planning Commission recommending approval of said 2020-70027-SPA are as follows:

1. The proposed Specific Plan Amendment of SP-07 (map amendment) allows a multi-dwelling residential development with a pedestrian-oriented design.

There are pedestrian entries from the public right-of-way, and access to the exiting amenities located on the established adjacent apartment community to the north, creat ing a viable residential community. Along with the amendment to the General Plan to allocate up to 48 dwelling units of the citywide Measure E capacity to the R ancho Conejo Specific Plan (SP 07), the multi-family residential project with building frontage along Rancho Conejo Boulevard is consistent with all Elements of the Thousand Oaks General Plan.

2. The development standards and uses of the Specific Plan, along with the companion General Plan Amendment is consistent with all Elements of the Thousand Oaks General Plan, including the Land Use Element designation of “High-density Residential” and with the General Plan goal, “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”

3. The proposed project and Specific Plan Amendment (Amendment 17) are unified by design. The Specific Plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the Specific Plan, the project’s standards are bound by SP-07, and are therefore, consistent.

4. The Specific Plan Amendment and project will be consistent with the housing element to provide rental housing in the form of up to 27 units.

5. The Specific Plan standards and proposed project are consistent with the City’s Architectural Guidelines as conditioned in that the projec t design provides for vertical and horizontal building articulation and a variety of colors/materials.

6. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan,

7. The standards and uses of the Specific Plan will not be detrimental to the public health, safety or general welfare.

Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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8. The proposed Specific Plan at the proposed location will be compatible with land uses in the vicinity.

9. The proposed S pecific Plan Amendment has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and the Planning Commission is being asked to recommend adoption of the Negative Declaration. The Final IS/ND indicates all areas listed as “no impact’ or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

SECTION 4

WHEREAS, the findings of the Planning Commission recommend ing approval of said 2021-70019-RPD are as follows:

1. The design of the new 27-unit multi-family residential complex complies with all applicable laws, regulations, and policies, including the proposed Specific Plan Amendment, Precise Plan of Design Guidelines (Res. No. 2006-108). The proposed building is comparable in massing and scale with other similar buildings within the vicinity of the subject property and incorporates enhanced architectural design, including cohesive design elements and decorative material finishes and colors, and meets all applicable development standards for the proposed Specific Plan Amendment.

2. The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and recommended for approval by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD) , and in compliance with the California Environmental Quality Act (CEQA). With the incorporation of the conditions set forth by these department s and agencies, the project will not be detrimental to public health, safety, or general welfare.

3. The proposed multi -family residential development is compatible with the surrounding land uses in the vicinity because it is located within an urbanized setting with established infrastructure and nearby comparable uses.

4. The proposed Residential Planned Development Permit has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and the Planning Commission is being asked to recommend adoption of the Negative Declaration. Th e Final IS/ND indicates all areas listed as “no impact’ or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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SECTION 5
W
HEREAS, the findings of the Planning Commission recommending approval of said 2022-70626-PTP are as follows:

1. W
ith the inclusion of the recommended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Article 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution N umber 2010-14, as well as the Landmark Tree Preservation and Protection Ordinance (Article 43 of Title 9 of the Municipal Code).

2. A
ppropriate work method and monitoring conditions are in place to ensure all work performed within the protected zone of all Oak and Landmark trees does not negatively affect the health of the trees.

3. T
he Protected Tree Permit request has been reviewed in conformance with the provisions of the California Environmental Quality Act . For this application, the City is the Lead Agency and the Planning Commission is being is being asked to recommend adopt ion of the Negative Declaration.

The Final IS/ND indicates all areas listed as “no impact ” or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

SECTION 6
W
HEREAS, the findings of the Planning Commission supporting a recommendation of approval of said 2022-70511-DAGR are as follows:

1. A
pproval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Specific Plan 07;

2. T
he Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. T
he Development Agreement is in conformity with public convenience, general welfare and good land use practice;

4. A
pproval will not be detrimental to the health, safety and general welfare; and;

5. A
pproval will not adversely affect the orderly development of property or the preservation of property values.

Item No.11B

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 6 ends

SECTION 7
W
HEREAS, the findings of the Planning Commission supporting the adoption of said 2021-70893-ND are as follows:

1. A
n Initial Study was conducted in conformance with the provisions of the California Environmental Quality Act.

2. T
he Final IS/ND indicates all areas listed as “no impact” or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment . For this application, the City is the Lead Agency and the Planning Commission is being asked to recommend adoption of the Negative Declaration.

N
OW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the agenda report, and the findings of fact below, the Planning Commission recommends approval of said 2020-70026- LU; 20 22-70511-DAGR; 2021-70019-RPD; 2020-70027-SPA; 2022-70626-PTP, to the City Council and recommends adoption of 2021-70893-ND, subject to conformance with the conditions set forth and attached hereto and made a part hereof. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City’s discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the City Council.

I
HEREBY CERTIFY that t he foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 27
th day of February 2023, by the following vote:

AYES: C

OMMISSIONERS
N
OES: COMMISSIONERS
ABSEN
T: COMMISSIONERS
ABST
AIN: COMMISSIONERS
Sharon McMahon, Chair
Planning Commission
Stephen Kearns, Secretary
Planning Commission
Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 7 ends

CONDITIONS OF APPROVAL FOR 2020 -70026-LU; 2022-70511-DAGR; 2021- 70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application – The General Plan Amendment ; Residential Planned Development Permit; Specific Plan Amendment; Protected Tree Permit; Development Agreement; and Negative Declaration are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “ Project Plan Set ,” dated January 13, 2021 attachment to the Planning Commission staff report dated February 27, 2023.

2. Scope of Permit Approval – A General Plan Amendment from Industrial to High-Density Residential; a Specific Plan Amendment to SP -07 (Rancho Conejo); a Development Agreement specifying development performance; a Residential Planned Development Permit allowing the construction of a new 27 -unit, multi-family residential apartment building consisting of two stories and associated amenities; a Protected Tree Permit to allow minimal encroachment of one (1) oak tree and two (2) California sycamore (Platanus racemosa) trees , as shown on project plans labeled “Project Plan Set ,” dated January 13, 2021 , and the Tree Report (August 18, 2022) and updated arborist memo ( August 29, 202 2) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approval shall only be effective once the Development Agreement is in effect.

3. Approval Period – The above permits are granted for the period identified in Development Agreement 2022-70511-DAGR and contingent on compliance with the terms set forth therein.

4. Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.

5. Project Changes/Modifications – Minor changes to 2021-70019-RPD and 2022-70626-PTP; may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Specific Plan, including all development standards, and, as applicable, the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 8 ends

6. Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of this permit, and the Development Agreement.

7. Compliance with Applicable Laws, Rules, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement 2022-70511-DAGR, the applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed-use development.

8. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas service release. Copies of all required licenses shall be submitted to the Community Development Department.

9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 2022-70511-DAGR.

10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period has commenced upon the date of approval of 2021-70019- RPD by the City (April 04, 2023).

11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.

Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant /arborist, owner or designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

12. Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant ’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 9 ends

Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a t imely fashion to prevent a potential blight from partially completed construction.

13. Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.

14. Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to congregate in the Arroyo Villa Apartment complex, residential neighborhood to the east , nearby industrial sites , or onsite before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

15. Approval Inclusion – The following shall apply:
• This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan- check process a nd shall be part of the project plans for which building permits are issued.
• All agreements, obligations, conditions, development
standards, and use allowances contained in Specific Plan 07 and Development Agreement 2022-70511-DAGR shall apply
to this approval.

16. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteri a and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may requi re future corrective work and result in a City Code violation and appropriate action.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 10 ends

17. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement 2022- 70511-DAGR. The City shall promptly notify the applicant of any claim, act ion or proceeding and the City shall cooperate fully in the defense.

18. Signed Acceptance of Conditions – A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or his duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.

19. Affordable Housing Agreement – The applicant shall submit to the City an affordable housing agreement for review and approval by the Community Development Department that provides for the on-going affordability of the project.

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incorporate the following conditions and is subject to approval by the City Attorney and Community Development Director.

A. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.

B. The Affordable Housing Covenant shall r equire four ( 4) units as affordable units. The four (4) units will be preserved at the moderate- income level of 120% of the Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on- going affordability of these four ( 4) restricted units for 55 years from the date the units initially become available for lease.

D. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.

E. Affordable units should be comparable in exterior appearance and overall quality of construction to market -rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the market - rate units.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 11 ends

F. Affordable units should be dispersed throughout the mixed- use buildings of the development in a manner acceptable to the City.

G. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading permit.

20. Development Agreement – The project approvals shall be void and have no further force or effect in the event that any of the City Conditions Precedent set forth in the Development Agreement are not fulfilled.

CULTURAL RESOURCES

21. Evaluation – In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the r esources and until the Community Development Department can review this information.

22. Native American Heritage Commission – If human bone is discovered during geologic testing or during construction, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

23. Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities.

Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Developme nt Department prior to ANY vegetation removal on site.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 12 ends

PARCEL MERGER

24. Lot Merger (Parcel Map Waiver) – Prior to the issuance of building permits, the applicant, or any subsequent owner and/or applicant shall submit an application with, and have it approved by, the City of Thousand Oaks Community Development Department to merge the two legal lots into a single legal lot. This lot merger shall then be recorded with the County of Ventura within 30-days of City approval of said application.

25. RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2021-70019-RPD

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT
Standards – All development standards shall be satisfied to include the following per the submitted plan:

26. Architectural Building Design – The architectural design shall comply with the building plans as shown in the attachments labeled “Project Plan Set” dated January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

27. Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated January 13, 2021 to the Planning Commission staff report dated February 27, 2023, are approved in concept only. Prior to the issuance of a grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review

DEVELOPMENT

STANDARD REQUIRED SETBACKS PROVIDED

RESIDENTIAL (NEW)

Front
(Rancho Conejo Blvd.)
20 Feet Minimum from
Public Street
22’-9”

Sides
(These setbacks would
not be applicable once
PM was in effect).

15 Feet minimum

15’-8” to 16’-2”
Rear (South) 15 Feet Min 15’-11”
Parking Lot
Landscaping (s.f.)
10% of Surface Parking
Area (18,911 S.F.)
1,900 S.F.

2,423 S.F.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 13 ends

and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

28. Building Height – Average building height shall comply with the average heights specified for the subject (Sub-Area Area) by Specific Plan 07. In this case, the plans dated January 13, 2021, show a maximum height of 29 feet.

This height would require an additional (1) foot of distance for affected side setbacks; however, the required parcel merger would remove the dividing property line, thus eliminating the north side setback for the proposed buildings.

29. Downspouts – The downspouts on the exterior of the buildings , within public view , shall be concealed within the building walls subject to the review and approval of the Community Development Department.

30. Roof-Mounted Mechanical Equipment – All roof -mounted mechanical equipment, including air conditioning, roof fans and any similar equipment , shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set ,” date stamped January 13, 2021. Said equipment shall be screened from public view perspectives, including Rancho Conejo Boulevard . In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

31. Surface-Mounted Mechanical Equipment – All surface -mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building.

32. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/ attachments labeled “Preliminary Grading Plan,” date stamped January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND
cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 14 ends

33. E
xporting/Importing Earth Materials – Any exporting or importing of earth material and debris shall be authorized by permit issued by the Public Works Department. The builder shall comply with an approved haul route to and from the project site and shall coordinate the hauling of this material with the Public Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

34. B
ackflow Device – Any proposed backflow device shall be screened from public view, subject to review and approval by the Community Development and Public Works Departments.

35. AP
CD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.

36. Fi
nal Detailed Grading, Paving and Drainage Plan Submittal – Prior to issuance of a grading permit, a final detailed grading , paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Development and Public Works Departments.

PAR

KING, ACCESS, AND DRIVEWAY

37. R
equired Parking – A minimum of 51 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped January 13, 2021.

The number of required parking spaces is based upon the parking requirements for multi-family residential, as set forth by reference in SP-07.

All parking spaces and driveway aisles shall be designed in accordance with Section 9.4- 2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan.

Any minor change to parking or future development on the subject property shall be reviewed and approved by th e Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 15 ends

38. Compact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9 -4.2404(d)(3). No overhang compact parking space shall be permitted within five feet ( 5-feet) of any vertical obstruction.

39. Parking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required by the Thousand Oaks Municipal Code.

40. Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

41. On-Site Traffic Control and Calming – Prior to issuance of any Building Permit, the applicant shall submit a Traffic Control and Traffic Calming plan demonstrating measures within onsite drive aisles and circulation areas.

Measures shall include, but not limited to, signs, striping, and speed bumps.

Said measures shall be designed and shown on a signing and striping plan.

The location and type of device(s) shall be designed and ins talled to the satisfaction of the Community Development and Public Works Directors.

LANDSCAPING, FENCES, AND WALLS

42. Landscape Design Compliance/Approval – All landscaping and irrigation improvements, including those in the Residential Landscaping License Area, shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.

43. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7- 3.24), all manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 16 ends

44. Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques, i.e. drought -tolerant low water -using plants. The use of lawn, grasses, and turf shall be minimized. Landscape irrigation systems shall likewise be d esigned using low output sprinklers and/or drip automatic timed controls. All landscaping and irrigation plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO), with all applicable calculations provided on the cover sheet.

45. Landscape Planters – All landscape planters and fingers shall be planted with shrubs, trees and flowers subject to the review and approval of the Community Development Department.

46. Restriction of Light Poles – Light poles are prohibited at the ends of landscape fingers.

47. Retaining Walls – All retaining walls shall be constructed of a decorativ e masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of s ix (6) feet and softened by landscaping.

Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

48. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot high chain-link fence within the limits of the proposed development area.

Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on- site. The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.

LIGHTING

49. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed twenty (20) feet in height. Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three (3) feet from parking surfaces with twenty-four (24) inch high concrete pedestals. All pedestals shall be Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 17 ends

painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent t o driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

50. Wall Lighting – Wall-lighting fixtures at building entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division. Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.

51. On-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.

52. Light Source – Use of bright white, high intensity LED or metal halide lighting is prohibited.

SIGNS

53. All Signs – All site and building signage shall comply with Specific Plan 07 and shall be designed to meet the Precise Plan of Design Guidelines (Res.

No. 2006-108), and as specified in the Specific Plan. The design, color and location of all site and building signs as well as address numbers shall be processed under separate permits. A sign program shall be submitted to the Community Development Department for review and approval.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 18 ends

2022- 70626-PTP CONDITIONS

54. Oak Tree and Landmark Tree Preservation and Protection Guidelines Compliance – Unless otherwise approved by the Community Development Department, all construction activities to or near an oak or landmark tree shall conform and abide by the City of Thousand Oaks, Pr eservation and Protection requirements as specified in Articles 42 and 43 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code.

55. Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected by the proposed improvements.

56. Site Monitoring – Unless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in the applicant’s oak tree report labeled Oak Tree Report (Oak and Sycamore Tree Protection Plan) dat ed August 18, 2022, prepared by Erick Serrano , C.A.

57. Required Temporary Fencing – Prior to commencing construction, a five- foot (5’) high fence shall be installed and maintained around the protected zone, or other location as approved by the Community Development Department, of all onsite and offsite oak trees and landmark trees.

Installation of said fence shall be reviewed and approved by the Planning Division of the Community Development Department. It shall be the responsibility of the applicant to mai ntain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

58. Root Preservation – During excavation for construction improvements, if an oak tree root over two inches (2") in diameter is encountered, the Planning Division of the Community Development Department shall be immediately contacted to conduct a field inspection to determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees
.

59. Use of Hand Tools – Unless otherwise authorized by the Community Development Director, all work within the protected zones of oak trees shall be performed with hand tools only and performed under direct supervision of the applicant’s oak tree consultant.

Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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60. Storage of Materi als – No storage of materials is permitted within the protected zones of any oak tree.

61. Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak tree except as otherwise authorized by the Community Development Department.

62. Billing by City Oak Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak tree consultant in conjunction with this oak tree permit.

63. Written Certification – The applicant’s oak tree consultant shall certify in writing that all conditions of this Oak Tree Permit have been met and that protective measures, to ensure the preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak Tree Consultant, paid for by the applicant, shall be performed upon receipt of certification and prior to final inspection for building occupancy.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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PUBLIC WORKS DEPARTMENT

GENERAL

64. Plan Format – All plans submitted to the Public Works Department shall be formatted to 24 inch by 36- inch sheet size, using city standard title block , and as -built/record plans shall be submitted as part of the closure and acceptance of the project.

65. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road S tandards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards
.

66. Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

67. Title Report – A copy of the applicant’s preli minary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to grading plan- check or the issuance of any Building or Grading Permits.

68. Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org
.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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69. Survey Monuments – The Applicant shall be fully res ponsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of construction and prior to the disturbance or destruction of any existing survey mo nument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor showing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER

70. Water Service Requirements – Prior to, or concurrent with, submittal of improvement plans to the City, the applicant shall submit letter to the City from the California-American Water Company indicating that the applicant has made the necessary financial and administrative arrangements with Cal-Am Water Company to receive water service. Cal-Am Water shall also issue a written clearance indicating that all water systems are installed and approved prior to Occupancy.

71. Procedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request.

72. Wastewater Service – There is no wastewater lateral to serve the subject property. The applicant shall design and construct a private on- site wastewater system and connect to the City’s public wastewater system.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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DEVELOPMENT ENGINEERING

73. Encroachment Permit – Where any construction occurs within public right- of-way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/security posted (if required) prior to initiating construction of any improvements.

74. Noise Abatement Prior to Commencement of Working Hours – On grading and construction projects where residential units are located within 100 feet of the boundaries of the proposed work, the contractor may not start up any vehicles or any gas or diesel powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.

75. Hauling of Imported or Exported Materials – In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.

76. Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading /building construction phase. The grading and improvement plans submitted to the City for plan- check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements.

All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan-check and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

77. On-site Drainage Capture – To the extent feasible, provide flow-intercept devices (or grading design) to intercept discharges flowing toward the driveway approaches such that all flows are captured on- site to the maximum extent practicable.

78. On-site Drainage Capture for MS4 Projects – It is generally necessary to capture and treat all surface drainage on the site. In accordance with Ventura County Technical Guidance Manual (TGM) for Stormwater Quality Control Measures (2011), a maximum of 5% of the site is permitted to discharge without full capture. Such Effective Impervious Areas (EIA’s) that escape capture and retention shall be treated using source- control Best Management Practices (BMP’s) and good- housekeeping measures.

Maintenance specifications shall be incorporated into the on- site stormwater Maintenance Plan (refer to NPDES conditions).

79. On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on- site storm flows. The project lies within subarea 688B of said Master Plan, with Q
10 = 1.93 cfs and Q100 = 3.24. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q 10 (developed) discharge flows and for the detention calculations up through Q100.

80. On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.

81. Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q
10 (developed) and to demonstrate
that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development. The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.

82. On-site Ribbon Gutters – The City prohibits the use of ribbon gutters and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (MC 9-4.2405).

83. Detention of Onsite Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q
10 (developed) flows into the
public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.

84. Existing Improvements – Existing improvements adjacent to the property, including but not limited to sidewalks and curb & gutter which are broken or uneven shall conform to City and ADA standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.

85. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-4.2405).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

86. NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requi rements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater Program “ Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No. CAS004002 (M.C. 7-8.302).

87. MS4 Stormwater Retention R equirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly -connected impervious areas affected by the project. The design shall function for the first three- quarter-inch (3/4”) of all rainfall events, including drawdown and elimination of the captured runoff within 72-hours of the rainfall event. Drawdown may Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND
cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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typically be achieved via groundwater recharge/percolation or vegetative irrigation/evapotranspiration. Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org
.

88. B
MP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calcul ations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:

T
reat the storm flow equivalent to ten percent (10%) of the 50- year peak flow; or
T
reat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “ California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”

89. I
nlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.

90. S
tormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009- DWQ including amendments). The applicant/owner shall provide the City with a WDI D number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, full y comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response

TRAFFIC

91. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non- refundable fees no later than prior to the issuance of building permits.

92. Bicycle Racks – Prior to issuance of building permit 5 bicycle racks shall be installed to accommodate a total of at least 10 bicycles. The bike racks shall be the “inverted U” shaped racks and provided in the location shown on the exhibit in a manner acceptable to the City Engineer.

SUSTAINABILITY

Solid Waste Collection and Diversion Requirements

93. Trash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852- 5264, or visit their Sustainability Center at 2251 E.

Thousand Oaks Blvd.

94. Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited t o, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.

95. Mandatory Organics Recycling - Mandatory Organics Recycling – The applicant/owner is hereby notified that California State law AB 1826 and SB 1383 require businesses, schools, hospitals, restaurants, government buildings and other commercial properties, in cluding multi-family dwellings of 5 units or more, that generate two cubic yards or more of commercial solid waste per week (trash, recycle, organics, in aggregate) to separate and recycle organic waste and arrange for organic waste collection service.

Organic waste includes food waste, landscape and pruning waste, non- hazardous wood waste, and food-soiled paper.

96. Trash Enclosures - Solid Waste, Recycling and Organics Collection – Required: American with Disabilities (ADA) accessible, covered 3- bin enclosures with a ramp are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source- separated solid waste, organic waste, and recyclable materials.

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Resident access to Waste Enclosures serving MFD-C or MXD developments via walk-up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel.

If residences have individual trash service, then individual solid waste, recycling and organics carts are required. Carts shall be kept in garages or hidden behind gates and a set -out area must be designated that does not impede traffic flow.

97. Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler.

98. Required - Operational recycling plans are required before occupancy.

Water and Irrigation

99. Water – Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought restriction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. As soon as September 1, 2022, all outside irrigation could be eliminated. Please visit www.toakswater.org
for more information on restrictions. Note that our water conservation ordinance has restrictions that exceed MWELO requirements.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021 - 70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

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Thousand Oaks City CouncilApril 4, 2023

Thousand Oaks City Council
April 4, 2023